CRIMINAL PROCEDURE.
No. 9 of 1899.
909
of money found upon
95. If, on the apprehension of any person charged with an indictable offence, any money is taken from him, the court may, in its discretion, in case of the conviction of such person, order such money or any part thereof to be applied to the payment of any costs, or costs and compensation, directed to be paid by such person.
Probation of first offenders.
release first
probation. 25, L.
50 & 51 Vict. c. s. 1.
96.—(1) Where any person is convicted of larceny, or of embezzlement, or of obtaining anything by false pretences, or of any other indictable offence punishable with not more than two years imprisonment and no previous conviction is proved against him, if it appears to the court that, regard being had to the youth, character, or antecedents of the offender, to the trivial nature of the offence, or to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the court may instead of sentencing him at once to any punishment, direct that he be released on his entering into a recognizance, with or without a surety or sureties and during such period as the court may direct, to appear for sentence when called upon, and in the meantime to keep the peace and be of good behaviour.
(2) In any such case the court may, if it thinks fit, order the offender to pay such compensation, not exceeding fifty dollars, and such costs of the proceedings, or either of them, as the court may think reasonable and such compensation shall be payable to such person as the court may direct.
offender
97.—(1) If, in any such case, a magistrate or the court is satisfied by an information in writing and upon oath, that the offender has failed to observe any of the conditions of his recognizance, such magistrate or the court may issue a warrant for his apprehension.
(2) An offender, when apprehended on any such warrant, shall, if not brought forthwith before the court, be brought before a magistrate and the court or magistrate may either remand him, by warrant, until the time at which he was required by his recognizance to appear for sentence or until the next session of the court, or may direct him to be released on his entering into a recognizance, with or without a surety or sureties, conditioned for his appearance to receive sentence.
observe conditions of his recognizance. 50 & 51 Vict. c. 25, s. 2.