38

CAP. 221]

Criminal Procedure

[1988 Ed.

Provided that in the meantime and until the recovery of such costs and expenses from the person so convicted as aforesaid or from his estate, the same shall be paid and provided for in the same manner as if this Ordinance had not been passed; and any money which may be recovered in respect thereof from the person so convicted, or from his estate, shall be applicable to the reimbursement of any person or fund by whom or out of which such costs and expenses may have been paid or defrayed.

Power to award compensation

{ Amended, 50 of 1911 and 1 of 1912, Schedule) [cf. U.K. 1870 c. 23, s. 3]

73. (1) Where a person is convicted of an offence, the court may, in addition to passing such sentence as may otherwise by law be passed or making an order under section 107(1), order the person so convicted to pay to any aggrieved person such compensation for-

(a) personal injury;

(b) loss of or damage to property; or

(c) both such injury and loss or damage,

as it thinks reasonable.

(2) The amount ordered as compensation under subsection (1) shall be deemed a judgment debt due to the person entitled to receive the same from the person so convicted, and the order for payment of compensation may be enforced in such and the same manner as in the case of any costs or expenses ordered by the court to be paid under section 72.

Power to award costs in case of acquittal

(Replaced, 48 of 1972, s. 4)

73A. (1) Where after trial in the court a person is acquitted, the court may order the payment out of the public revenue of the costs of the defence, including the costs of any proceedings before a magistrate.

(2) The costs payable to any person under this section shall be such sums as appear to the court reasonably sufficient to compensate that person for any expenses properly incurred by him in or about the defence.

(3) The amount of costs ordered to be paid under this section shall, except where the amount is fixed by the court, be ascertained by the Registrar.

(4) In this section, "court" means the High Court and the District Court. (Added, 2 of 1978, s. 2) [cf. U.K. 1973 c. 14, ss. 3 & 4]

Arraignment and trial of insane person

Acquittal on grounds of insanity

74. Where in an indictment any act or omission is charged against any person as an offence, and it is given in evidence on trial of such person for that offence that he was insane, so as not to be responsible according to law for his actions at the time when the act was done or the omission made, then, if it

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