SHORT TITLE.
898
Schedule, contd.
AMENDMENT OR REPEAL.
i
55. The Criminal Pro-
cedure Ordinance,]
1899.
(No. 9 of 1899.), -contd.
(4), the seventh line of paragraph (a) of sub-section (5) and the sixth and seventh lines of paragraph (c) of sub-section (5) thereof.
(3) Section 80 is repealed.
(4) Section 83 is amended by the repeal of the the words or shall endure" in the second,
"
or may be in the third, 'has and in the fourth, and or may be
sixth lines thereof.
in the
(5) Sections 96 and 97 are repealed and the following sections substituted therefor:-
96.--(1) Where any person has been Power to convicted on indictment of any offence permit punishable with imprisonment, and the conditional court is of opinion that, having regard to release of offenders. the character, antecedents, age, health, or mental condition of the person charged, or
7 Edw. 7, to the trivial nature of the offence, or
c. 17, s. 1 (2) to the extenuating circumstances under & (3). which the offence was committed, it is
[cf. No. 41 inexpedient to inflict any punishment or of 1032, any other than a nominal punishment or s. 30.1 that it is expedient to release the offender on probation, the court may, in lieu of imposing a sentence of imprisonment, make an order discharging the offender conditionally on his entering into a recog- nizance, with or without sureties, to be of good behaviour and to appear for sentence when called on at any time during such period, not exceeding three years, as may be specified in the order.
(2) The court may, where it makes an order under this section, further order that the offender shall pay such costs of the proceedings or such damages for injury or compensation for loss as the court thinks reasonable, or both such costs and damages or compensation." and
**97.—(1) In any such case the court Provision or a magistrate, if satisfied by information in case of on oath that the offender has failed to offender observe any of the conditions of his recog- observe
failing to nizance, may issue a warrant for his ap- conditions prehension, or may, if it or he thinks fit. of release. instead of issuing a warrant in the first 7 Edw. 7, instance, issue a summons to the offender c. 17, s. 6. and his sureties (if any) requiring him or them to attend at such court as may be specified in the summons.
(2) The offender, when apprehended. shall, if not brought forthwith before the court, be brought before a magistrate.
(3) The magistrate before whom an offender on apprehension is brought, or before whom he appears in pursuance of such summons as aforesaid, may remand him in custody or on bail until he can be brought before the court.
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