Section 9 of SCOTSA : Section 9: Procedure And Powers Of Special Court

Explanation using Example

Imagine that a financial analyst named John is accused of being involved in illegal securities transactions. John's case is brought before the Special Court established under The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. Here's how Section 9 of the Act applies to John's trial:

• The trial proceedings for John's case will be conducted in a manner similar to warrant cases before a magistrate, as per subsection (1). This means that the procedure will involve stages like the framing of charges, examination of witnesses, and the accused's right to defense.
• According to subsection (2), while the Special Court will generally follow the procedures laid out in the Code of Criminal Procedure, it will also have the powers of a Court of Session. This means that the prosecutor in John's case will function as a Public Prosecutor and the trial will have the same legal weight as if it were conducted in a Session's court.
• Subsection (3) indicates that if John is found guilty, the Special Court has the authority to sentence him to any punishment that is legally prescribed for the offence he committed.
• Finally, subsection (4) allows the Special Court to determine its own procedure for handling matters not directly related to the trial, such as pre-trial motions or the submission of additional evidence, as long as these procedures adhere to the principles of natural justice, which ensure fairness and equity in the legal process.