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Ecclesiastical Jurisdiction Measure 1963

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Changes over time for: Section 28

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Version Superseded: 01/01/2006

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28 Conduct of trial under Part IV.E

The following provisions shall have effect with respect to the trial under this Part of this Measure of a person by the consistory court of a diocese, namely,—

(a)the procedure at the trial shall, so far as circumstances admit, and subject to any rules which may be prescribed, be the same as at the trial of a person by a court of assize exercising criminal jurisdiction;

(b)the accused shall be entitled to be supplied with a copy of the articles;

(c)the rules as to the admissibility of evidence and as to whether a witness is competent or compellable to give evidence shall be the same as those observed at the trial of a person by such a court of assize;

(d)the registrar of the diocese shall give not less than fourteen clear days’ notice of the sittings of the court to the person promoting the complaint and to the accused and at any sitting the court may proceed in the absence of the accused if satisfied that he was given adequate notice of such sitting;

(e)the chancellor shall sit with four assessors appointed from a panel of assessors constituted in accordance with section thirty of this Measure, and the functions of the chancellor shall be the same as the functions of a judge of a court of assize exercising criminal jurisdiction, and shall include the obligation to sum up in open court, and the functions of the assessors, who must be unanimous, shall be the same as the functions of a jury in such a court;

(f)the chancellor, if satisfied that it is in the interests of justice so to do, may give directions that during any part of the proceedings such persons or classes of persons including the assessors as the court may determine shall be excluded;

(g)if the accused shall be found guilty of an offence charged the chancellor shall decide such censure therefor as is warranted by the following provisions of this Measure;

(h)the censure shall be reduced to writing by the court, shall be pronounced in open court by the person presiding over the court and shall not be invalid by reason only that it is not pronounced in the presence of the accused.

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