§ 3806. Disposition of papers and bail (a) A magistrate shall keep all papers relating to criminal matters in which a preliminary examination has been held in good order and on file in his office until an information is filed in the district court. (b) Within two days after the preliminary examination, the magistrate shall deliver to the United States attorney a transcript of all proceedings had in the action, and copies of all papers relating thereto including the original complaint, warrant, affidavits and the names of the witnesses. (c) Upon the filing of an information by the United States attorney, the magistrate shall deliver to the clerk of the district court all papers relating to the proceedings and all undertakings or moneys deposited in lieu thereof with the magistrate for appearance in the district court. CHAPTER 211-PROCEEDINGS IN MAGISTRATES' COURTS SUBCHAPTER I-GENERAL PROVISIONS Sec. 3841. Provisions applicable to magistrates' courts. 3842. Rules of procedure in criminal actions in magistrates' courts. 3843. Criminal dockets. 3844. Computation of time. 3845. Presence of defendant. 3846. Harmless error; plain error. 3847. Application of general provisions. 3848. Double jeopardy. 3849. Security to keep the peace. 3850. Limitation of actions. SUBCHAPTER II-COMPLAINT, ARREST, TRIAL, AND JUDGMENT 3881. Complaint, warrant, and arrest. 3882. Appearance before magistrate. 3883. Postponement or continuance of trial. 3884. Dismissal of actions. 3885. Amendment of complaint. 3886. Joinder of offenses and defendants. 3887. Trial together of complaints; relief from prejudicial joinder. 3888. Reading complaint to defendant; plea. 3889. Proceedings on plea of guilty. 3890. Proceedings on plea of not guilty. 3891. Conduct of trial; evidence. 3892. Judgment and execution; probation. SUBCHAPTER III-APPEALS TO DISTRICT COURT 3921. Right of appeal by defendant. 3922. Manner of taking appeal. 3923. Transmitting warrant and complaint to district court. 3924. Trial de novo in district court. 3925. Amendment of complaint in district court. 3926. Appeals by Government. 3927. Withdrawal of appeal by defendant. SUBCHAPTER IV-CRIMINAL CONTEMPTS 3961. Summary disposition. 3962. Disposition; notice and hearing. 3963. Judgment. Subchapter I-General Provisions § 3841. Provisions applicable to magistrates' courts (a) Magistrates' courts being courts of limited jurisdiction, this Part, other than this chapter, applies to magistrates' courts and the proceedings therein only to the exent to which it is specifically made applicable by this chapter. (b) The Federal Rules of Criminal Procedure do not apply to magistrates' courts unless: (1) they are incorporated by reference in a section of this Part and the section is applicable to the magistrates' courts under this chapter; or (2) they are specifically made applicable by this chapter. (c) When a provision of law or of the Federal Rules of Criminal Procedure governing the district court is applicable to the magistrates' courts, references therein to the court or judge shall be deemed to refer to the magistrate; references to the marshal shall be deemed to refer to the constable; and references to the clerk of the district court shall be deemed to refer to the magistrate. § 3842. Rules of procedure in criminal actions in magistrates' courts (a) The district court may from time to time make and amend rules governing criminal procedure in the magistrates' courts not inconsistent with law. (b) Each magistrate may from time to time make and amend rules governing criminal procedure in his court not inconsistent with law or with the rules adopted by the district court pursuant to subsection (a) of this section. Copies of rules and amendments so made by a magistrate shall be filed promptly with the district court. § 3843. Criminal dockets Each magistrate shall keep a book denominated the "criminal docket", which shall be separate and distinct from the civil docket, in which he shall enter: (1) the title of every action or proceeding which shall be "Government of the Canal Zone vs. defendant"; (2) the date of the warrant; (3) the defendant's name and when arrested; (4) the names of the complainant and the witnesses and whether or not they testified; (5) the time of issuing summons and the return thereon by the person who served it; and (6) the time of trial and the judgment thereon, or if there is no trial under a plea of guilty, the amount of fine or time of imprisonment, or if it is a case in which the offense is beyond the jurisdiction of the magistrate's court, the commitment or bail, or whatever proceeding is had therein. § 3844. Computation of time Rule 45 (a) of the Federal Rules of Criminal Procedure applies to the computation of time in criminal actions in the magistrates' courts. § 3845. Presence of defendant The defendant in a criminal action in a magistrate's court shall be present at every stage of the trial, including the rendering of judgment and the imposition of sentence, except as otherwise provided by this section. The defendant's voluntary absence after the trial has commenced in his presence shall not prevent continuing the trial to and including the rendering of judgment. A corporation may appear by counsel for all purposes. With the written consent of the defendant, the magistrate's court may permit reading of the complaint, plea, trial, and imposition of sentence in the defendant's absence. § 3846. Harmless error; plain error (a) An error, defect, irregularity or variance which does not affect substantial rights shall be disregarded by a magistrate's court. (b) Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court. § 3847. Application of general provisions The following provisions of this chapter apply in the magistrates' courts unless otherwise provided therein or unless by their nature they are clearly inapplicable: (1) sections 3502-3505, 3506 (a), and 3507-3511 of this title, relating to criminal procedure generally; (2) sections 4551-4557, 4559, 4591-4596, 4631-4635, 4671-4673, 4701, 4703, and 4704 of this title, relating to bail; (3) sections 4741-4743 of this title, relating to search and seizure; (4) sections 4821-4824 of this title, as to compromising crimes; (5) sections 4861-4868 of this title, relating to mental incompetency of a defendant; (6) sections 4901-4907 of this title, relating to disposal of property stolen or embezzled; (7) sections 4941-4944 of this title, relating to corporations as defendants; and (8) chapter 237, section 4981 et seq. of this title, relating to criminal extradition and removal. § 3848. Double jeopardy Sections 3541-3545 and 3547 of this title, relating to double jeopardy, apply in the magistrates' courts. References in those sections to an information apply to a complaint in an action triable in a magistrate's court. § 3849. Security to keep the peace Sections 3611-3621 and 3623 of this title, relating to security to keep the peace, apply in the magistrates' courts. § 3850. Limitation of actions Sections 3663 and 3664 of this title, relating to limitation of actions, apply in the magistrates' courts. Subchapter II-Complaint, Arrest, Trial, and Judgment § 3881. Complaint, warrant, and arrest Sections 3701, 3702, and 3731-3744 of this title relating to complaint, warrant, and arrest, apply in the magistrates' courts. § 3882. Appearance before magistrate (a) Sections 3781-3783 of this title, relating to the taking of a defendant before a magistrate and release by a peace officer without appearance before a magistrate, apply in the magistrates' courts. (b) Sections 3801-3806 of this title, relating to preliminary examinations, apply to proceedings before magistrates in actions not triable in the magistrates' courts. (c) Section 4014 of this title applies to the remand of causes to the magistrates' courts. § 3883. Postponement or continuance of trial Upon good cause shown by either party to a criminal action in a magistrate's court: (1) the commencement of the trial may be postponed for a reasonable period; or (2) after commencement of the trial a continuance for a reasonable period may be granted. § 3884. Dismissal of actions Sections 4051-4053 of this title, relating to dismissal of actions, apply in the magistrates' courts to the extent that they specifically refer to proceedings therein. § 3885. Amendment of complaint A complaint in a magistrate's court may be amended by the Government without leave of court at any time before the defendant pleads or before the preliminary examination. An amendment may be permitted at any time thereafter, in the discretion of the court, if it can be done without prejudice to the substantial rights of the defendant. § 3886. Joinder of offenses and defendants (a) Two or more offenses may be charged in the same complaint in a magistrate's court in a separate count for each offense if the offenses charged are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. (b) Two or more defendants may be charged in the same complaint in a magistrate's court if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all the defendants need not be charged in each count. § 3887. Trial together of complaints; relief from prejudicial joinder (a) A magistrate's court may order two or more complaints to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single complaint. (b) If it appears that a defendant or the Government is prejudiced by a joinder of offenses or of defendants in a complaint or by such joinder for trial together, a magistrate's court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. § 3888. Reading complaint to defendant; plea When a defendant is put upon trial in a magistrate's court, the complaint shall be read to the defendant, whereupon the defendant may plead to it. The plea shall be "guilty" or "not guilty". If the defendant refuses to plead, the magistrate shall enter a plea of not guilty. § 3889. Proceedings on plea of guilty If the defendant pleads guilty, the magistrate may hear testimony to determine the gravity of the offense and, within 24 hours after the plea of guilty or the hearing of testimony, shall render judgment as to the punishment to be imposed. § 3890. Proceedings on plea of not guilty If the defendant, after having heard the charge, pleads not guilty, the proceedings shall be as follows: (1) The witnesses for the prosecution shall be examined under oath. (2) The witnesses for the defendant, including the defendant himself if he wishes to testify, shall be examined under oath. If the defendant does not testify, section 2866 of Title 5 applies. (3) Witnesses for the prosecution may be called to testify in rebuttal only of testimony given by the defendant or his witnesses. (4) The magistrate shall then consider the evidence, and within 24 hours thereafter shall render judgment. If the defendant is acquitted, he shall be immediately released. If the defendant is ad judged guilty, the magistrate shall, within the time limit, fine or commit him to jail, or both, as the case may be, unless he is placed on probation. 8 3891. Conduct of trial; evidence Subject to this chapter, the following provisions, except as otherwise provided therein, apply to criminal actions in the magistrates' courts unless by their nature they are clearly inapplicable: (1) chapter 217 of this title, relating to conduct of the trial; and (2) Part 3 of Title 5, relating to evidence. § 3892. Judgment and execution; probation (a) Sections 4373-4375, 4411-4413, and 4415-4418 of this title, relating to judgment and execution, apply in the magistrates' courts. (b) Sections 4511 and 4512 of this title, relating to suspension of sentence and probation, apply in the magistrates' courts. Subchapter III-Appeals to District Court § 3921. Right of appeal by defendant Appeals by defendants from judgments of the magistrates' courts to the district court are authorized in all criminal actions. § 3922. Manner of taking appeal An appeal from the judgment of a magistrate's court may be taken and perfected by the defendant by giving oral or written notice in the magistrate's court of his intention so to do at any time within five days after judgment is rendered. § 3923. Transmitting warrant and complaint to district court Upon the perfection of an appeal by the defendant, the magistrate shall forthwith transmit the warrant and the complaint to the clerk of the district court. § 3924. Trial de novo in district court All offenses triable in the magistrates' courts, when appealed by the defendant to the district court, shall be tried de novo on the original complaint. Unless the context clearly indicates otherwise, all references to an information in this Part and in the Federal Rules of Criminal Procedure shall be deemed to include a complaint in an action which is being tried in the district court on appeal. 83925. Amendment of complaint in district court The complaint may be amended in the district court as to matters of form or substance where the rights of the defendant are not substantially prejudiced thereby; but the amended complaint may not charge a crime different from that charged or sought to be charged in the original complaint. § 3926. Appeals by Government (a) An appeal may be taken by the Government of the Canal Zone from a magistrate's court to the district court in all criminal actions: (1) from a decision, ruling, or judgment setting aside, or dismissing the complaint, or any count thereof, where the decision, ruling, or judgment is based upon the invalidity or construction of the statute or regulation upon which the complaint is founded; (2) from a decision, ruling, or judgment dismissing the complaint for insufficiency; (8) from a decision, ruling, or judgment sustaining a motion in bar, when the defendant has not been put in jeopardy. |