Section 81 of Criminal Procedure Code CAP 75: Power of High Court to change venue

    

(1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial trial cannot be had in any criminal court subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory trial of the offence; or
(d) that an order under this section will tend to the general convenience of the parties or witnesses; or
(e) that such an order is expedient for the ends of justice or is required by any provision of this Code, it may order—
(i) that an offence be tried by a court not empowered under the preceding sections of this Part but in other respects competent to try the offence; (ii) that a particular criminal case or class of cases be transferred from a criminal court subordinate to its authority to any other criminal court of equal or superior jurisdiction;
(iii) that an accused person be committed for trial to itself.
(2) The High Court may act on the report of the lower court, or on the application of a party interested, or on its own initiative.
(3) Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Director of Public Prosecutions, be supported by affidavit.
(4) An accused person making any such application shall give to the Director of Public Prosecutions notice in writing of the application, together with a copy of the grounds on which it is made, and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of notice and the hearing of the application.
(5) When an accused person makes any such application, the High Court May direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecutor.


Disclaimer: This document is not to be taken as legal advise.

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