Arrest of
persons
granted bail.
1967. «. 80,
9. 21.
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(2) A court which on admitting, or directing the admission of, any person to bail imposes a condition under subsection (1) shall not require him to find suretics in respect of that condition.
(3) In this section, "court" includes a District Court and a magistrate.
138. (1) Any police officer may arrest without warrant any person who has been admitted to bail-
(a) if the police officer has reasonable grounds for believing that such person is likely to break the condition that he will appear at the time and place required or any other condition on which he was admitted to bail, or has reasonable cause to suspect that such person is breaking or has broken any such other condition; or
(D) on being notified in writing by any surety for that person that the surety believes that that person is likely to break the condition that he will appear at the time and place required and for that reason the surety wishes to be relieved of his obligations as surety,
(2) Any person arrested under subsection (1) shall be brought within twenty-four hours after his arrest or as soon as practicable thereafter before a magis- trate, except where he was so arrested within the period of twenty-four hours immediately preceding an occasion on which he is required by virtue of a con- dition of his bail to appear before any court, in which case he shall be brought before that court.
(3) A court before which a person is brought under subsection (2) may, if of the opinion that that person has broken or is likely to break any condition on which he was admitted to bail, remand him in custody or alternatively release him on his original recognizance or on a new recognizance, with or with- out sureties, and if not of that opinion shall release him on his original recognizance.
(4) In this section, "court" includes a District Court and a magistrate.”.
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4. The principal Ordinance is amended by adding, after section 24, the following new section—
“When jodictment shall be preferred. 133, 4, 36,
(214)
24A. (1) Subject to subsection (2) no indict- ment charging any person with an indictable offence shall be preferred unless-
(4) the person charged has been committed for
trial for the offence; or
(b) the indictment is preferred by the direction
or with the consent of a judge; or (c) the indictment is preferred pursuant to an order made under section 12 of the Perjury Ordinance.
(2) Where a person charged with an indictable offence has been committed for trial, the indictment against him may include, either in substitution for or in addition to counts charging the offence for which he was committed, any counts founded on facts or evidence disclosed in any depositions, being counts which may lawfully be joined in the same indict- ment.".
5. Section 51 of the principal Ordinance is repealed and replaced by the following-
"Trial of offences. 1997, C, SA, L 6.
51. (1) If a person is arraigned on an indict- ment-
(a) be shall in all cases be entitled to make a plea of not guilty in addition to any special plea:
(6) he may plead not guilty to the offence specifically charged in the indictment but guilty to another offence of which he might be found guilty on that indictment:
(c) if he stands mute of malice, or will not answer directly to the indictment, or pleads guilty to a charge of a capital offence, the court may order a plea of not guilty to be entered on his behalf, and he shall then be treated as having pleaded not guilty.
(2) If on the trial of any information, charge or indictment for any offence other than treason it is proved that the accused is not guilty of that offence but the allegations in the information, charge or in- dictment amount to or include, whether expressly or by implication, an allegation of another offence falling
Addition of new section 24A.
Repeal and replacement of section 51.