(1) Where the Examining Magistrate deems that the inquiry is ended, he shall forward the file
to the State Counsel for his «final submissions».
(2) The inquiry file, together with the final submissions of the State Counsel shall within five (5)
days, be returned to the Examining Magistrate.
(3) The Examining Magistrate shall ascertain whether or not nay offence is sustainable on the
evidence against the defendant and shall make either a total or partial no case ruling or a
committal order.
(4) Where the Examining Magistrate finds that the facts constitute a simple offence or a
misdemeanour, he shall make a committal order forwarding the case before the court having
jurisdiction over simple offences or misdemeanours.
(5) Where he finds that the facts constitute a felony, he shall make an order committing the
defendant for trial before the Court having jurisdiction over felonies.
(6) Where the Examining Magistrate finds that the facts do not constitute an offences or that
the author of such offence is not identified or that there is insufficient evidence, he shall give a
no case ruling.
(7) Where the defendant is charged with several offences, the Examining Magistrate shall give
a partial no-case ruling if some of the counts do not appear to him to be supported by sufficient
evidence, whereas others do.
Official text
Spot-checked
In force from 27 July 2005
Source page 63