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(1)Whenever it is made to appear to the High Court—
(a)that a fair and impartial trial or inquiry cannot be had in any magistrate’s court;
(b)that some question of law of unusual difficulty is likely to arise;
(c)that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the offence;
(d)that an order under this section tends to the general convenience of the parties or witnesses; or
(e)that such an order is expedient for the ends of justice or is required by any provision of this Act, it may order—
(i)that any offence be tried or inquired into by any court not empowered under the preceding sections of this Part of this Act, but in other respects competent to inquire into or try that offence;
(ii)that any particular criminal case or class of cases be transferred from a criminal court subordinate to its authority to any other such criminal court of equal or superior jurisdiction;
(iii)that an accused person be committed for trial to itself.
(2)The High Court may act either on the report of the lower court or on the application of a party interested or on its own initiative.
(3)Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Director of Public Prosecutions, be supported by affidavit.
(4)Every accused person making any such application shall give to the Director of Public Prosecutions notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of the notice and the hearing of the application.
(5)When an accused person makes any such application, the High Court may direct him or her to execute a bond, with or without sureties, conditioned that he or she will, if convicted, pay the costs of the prosecutor.
The High Court may move a case out of a magistrate's court when a fair and impartial hearing is not possible, a difficult legal question is likely to ...
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