§804-33  Trial; bond protecting complainant. 
(a)  The judge before whom any person is brought under section 804-31 shall
examine the complainant and witnesses in support of the complainant, under oath
or affirmation, in the presence of the person complained of, in relation to any
matters connected with the complaint which are deemed pertinent, after which
witnesses in support of the person complained of shall be examined under oath
or affirmation.  The person complained of may cross-examine the complainant and
witnesses in support of the complainant and may be assisted by counsel at the
examination proceedings.



(b)  If upon examination it appears that there
is just cause to fear the commission of the offense by the person complained
of, the person may be ordered not to commit the offense or may be required to
give bond in a sum proportioned to the nature of the offense, with sufficient
surety that the person will commit no offense against the person or property of
the complainant.  If it appears that there is no just cause to fear the
commission of the offense, then the person complained of shall be discharged
and any record of the person's arrest shall be expunged. [PC 1869, c 47, §2; RL
1925, §3998; RL 1935, §5452; RL 1945, §10752; RL 1955, §256-32; HRS §709-33; am
L 1970, c 188, §39; am L 1971, c 73, §3; ren L 1972, c 9, pt of §1; gen ch
1985]



 



Case Notes



 



  See 33 H. 109.