Section 347 Administration of Criminal Justice Act 2015 NG

Section 347 of the Administration of Criminal Justice Act 2015

Section 347 of the Administration of Criminal Justice Act 2015 is under PART 35 of the Act. It is about SUMMARY PROCEDURE IN PERJURY.

(1) Where it appears to a court that a person has committed perjury in any proceedings before it, the court, subject to the provisions of subsection (2) of this section and in addition, in the case of a Magistrate, to subsection (3) of this section, may:
(a) commit him for trial on information of perjury and bind any person by recognizance to give evidence at his trial; or

(b) try him summarily for contempt of court and where he is found guilty, commit him to prison for a period not exceeding six months or fine him in such sum in accordance with the scale of fine in the Fourth Schedule to this Act.

(2) Where a court decides to try a person summarily under subsection (1) of this section, for contempt of court, the court shall:
(a) specify the perjury alleged and shall direct the attention of the person to be charged to the inconsistencies on which the charge is based;

(b) require him to give his explanation to the inconsistencies and record the explanation.

(3) Where a court orders a person to be imprisoned or to pay a fine under subsection (1) of this section, it shall:
(a) not issue a warrant of commitment or make an order for imprisonment for non-payment of the fine but shall either remand the person or release him on a recognizance with or without sureties, to come up before the court when called upon; and

(b) immediately forward to the Chief Judge or such Judge as the Chief Judge may direct, a certified copy of the proceedings.

(4) The Chief Judge or Judge to whom a certified copy of the proceedings is forwarded pursuant to subsection (3) of this section:
(a) may, without hearing argument and in the absence of the person concerned, set aside or confirm the order or reduce the sentence of imprisonment or the amount of the fine; and

(b) shall inform the court immediately of his decision.

(5) Where the Chief Judge or Judge does not wholly set aside the court’s order, the court shall immediately issue its warrant of commitment or make the necessary order for payment of the fine in accordance with the terms of the Chief Judge or Judge’s order.

(6) An imprisonment or a fine ordered or imposed under this section is a bar to any other proceedings for the same offence except where the order of the court has been wholly set aside.

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