Section 43: Power of Judge to transfer cases.

Whenever it is made to appear to a Judge, by summons —a. that some question of law is likely to arise, which it is desirable should be decided by the Supreme Court; b. that an order under this section will tend to the general convenience of the parties or witnesses; or c. that such an order is otherwise expedient for the ends of Justice, the Judge may order — i. that an offence be enquired into or tried by the Supreme Court or any subordinate Court not empowered by sections 39 and 40 but in other respects competent to enquire into or try such offence; ii. that an accused person committed to the Supreme Court or trial; iii. that an accused person committed to the Supreme Court for trial instead of being tried at the place where he would but for the order have been tried, be tried by the Supreme Court at such other place as may be specified in the order. (2) The Judge may act on the application of any party interested after due notice to all other interested parties. (3) When an accused person makes an application under this section, the Judge may before granting the same, direct him to enter into a recognisance, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecution. (4) If, in any criminal cause, before any evidence is taken a Law Officer, the accused, or any person having the conduct of the prosecution or the defence, notifies to the Court before which the cause is pending his intention to make an application under this section in respect of the cause, the Court shall adjourn the cause to such a date as will afford a reasonable time for the application being made, and an order being obtained thereon before the accused is called on for his defence. CONTROL OF ATTORNEY-GENERAL OVER CRIMINAL PROCEEDINGS Control of Attorney- General over Criminal Proceedings.