1988 Ed.]
Criminal Procedure
[CAP. 221
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Application of money found upon person apprehended
106. 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.
Presumption and determination of age
Presumption and determination of age
106A. (1) Where the age of any person at any time is material for the purposes of any provision in this Ordinance or any other Ordinance regulating the powers of a court in relation to offenders, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time. (2) In this section, "court" includes the District Court and a magistrate.
(Added, 33 of 1979, s. 2) (cf. U.K. 1948 c. 58, s. 80(3))
Probation of first offenders
Power to permit conditional release of offenders
107. (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, 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 3 years, as may be specified in the order. (Amended, 12 of 1960, s. 3)
(2) The court may, where it makes an order under this section, further order that the offender shall pay such costs of the proceedings as the court thinks reasonable. (Amended, 48 of 1972, s. 4)
(Replaced, 27 of 1937, Schedule) [cf. U.K. 1907 c. 17, s. 1(2) & (3)]
Provision in case of offender failing to observe conditions of release
108. (1) In any such case the court or a magistrate, if satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, may issue a warrant for his apprehension, or may, if it or he thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and his sureties (if any) requiring him or them to attend at such court as may be specified in the summons.
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