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Criminal Procedure.
direct the same to be held and dealt with in the same manner as property seized under section 103.
105. An order made under section 103 or 104 be enforced by a search warrant.
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[CAP. 221
may Search
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106. If, on the apprehension of any person charged with an indictable offence, any property is taken from him, a report shall be made by the police to the magistrate or the court of the fact of such property having been taken from such person and of the particulars of such property.
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warrant.
property
Report of found upon apprehended.
person ap-
of money
found upon apprehended.
person ap-
107. 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.
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permit
release of
offenders. c. 17. s. 1,
7 Edw. 7,
(2) & (3).
108. (1) Where any person has been convicted on indictment of any offence punishable with imprisonment, and the court is of opinion that, having regard to the character, antecedents, age, health, or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment or 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 recognizance, 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.
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177