CO129-569-12 Law Revision Ordinance 1937 24-12-1937 - 28-5-1938 — Page 26

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SHORT TITLE.

18

Schedule, contd.

AMENDMENT OR REPEAL.

SHORT TITLE.

19

Schedule, contd.

AMENDMENT OR REPEAL.

55. The Criminal Pro. cedure Ordinance,

1899.

(No. 9 of 1899.), _contd.

(4), the seventh line of paragraph (a) of sub-section (5) and the sixth and seventh lines of paragraph (c) of sub-section (5) thereof.

(24) Section 78C, as enacted by Ordinance No. 5 of 1933, is amended by the repeal of all the words in the last three lines of sub-section (1) thereof and the substitution therefor of the words "by any rules made under any Ordinance relating to prisons for the treatment of prisoners committed for trial for any indictable offence."

(3) Section 80 is repealed.

(4) Section 83 is amended by the repeal of the

the words "or shall endure" in the second,

+

J

or may be in the third, **has and

44

"

in the fourth, and or may be in the sixth lines thereof.

(5) Sections 96 and 97 are repealed and the

following sections substituted therefor :-

offenders.

c. 17,

** 96.—(1) Where any person has been Power to convicted on indictment of any offence permit punishable with imprisonment, and the conditional court is of opinion that, having regard to release of the character, antecedents, age, health, or mental condition of the person charged, or 7 Edw. 7, to the trivial nature of the offence, OI

a. I (2) to the extenuating circumstances under & (3). which the offence was committed, it is [ef. No. 41 inexpedient to inflict any punishment or of 1932, any other than a nominal punishment or . 30.] 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 recog nizance, 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." and

+4

'97.-(1) In any such case the court Provision or a magistrate, if satisfied by information in case of

offender on oath that the offender has failed to

failing to observe any of the conditions of his recog- observe nizance, may issue a warrant for his ap- conditions prehension, or may, if it or he thinks fit, of release. instead of issuing a warrant in the first 7 Edw. 7, instance, issue a summons to the offender c. 17, s. 6. and his sureties (if any) requiring him or them to attend at such court as may be specified in the summons.

55. The Criminal Pro- cedure Ordinance,

1899.

(No. 9 of 1899.), -contd.

(2) The offender, when apprehended, shall, if not brought forthwith before the court, be brought before a magistrate.

an

(3) The magistrate before whom offender on apprehension is brought, or before whom he appears in pursuance of such summons as aforesaid, may remand him in custody or on bail until he can be brought before the court.

(4) An offender so remanded to custody may be committed during remand to a prison, or, if he is a child or young person under the age of sixteen, to a place of detention provided under the Juvenile Ordinance Offenders Ordinance, 1932.

(5) The court, on being satisfied that a person bound by his recognizance to appear for conviction and sentence has failed to observe any condition of his recog- nizance, may forthwith, without further proof of his guilt, convict and sentence him for the original offence."

Ca

(6) Section 103 (1) is amended by the repeal of

the word

he "

in the fifth line thereof and the substitution therefor of the words

such person

A

Merchant (1) Section 3 is amended:—

Ordin

56. The

Shipping ance, 1899. (No. 10 of 1899.)

(i) by renumbering paragraphs (c) and (d) of sub-section (1) thereof as para- graphs (b) and (c) of that sub-section;

(ii) by renumbering sub-sections (8) and (15) thereof as sub-sections (2) and (3).

(2) Section 4, as amended by Ordinances No. 11 of 1981, No. 28 of 1933 and No. 28 of 1935, is amended:-

(i) by the repeal of the words "and shall be deemed always to have been lawful in the second line of the last pro- viso to sub-section (2) thereof;

(ii) by the repeal of the word "Schedule" in the third line of sub- section (3) thereof and the substitution therefor of the word "Regulations ";

(iii) by the repeal of the words "Table E in the Schedule (as amended by the Governor in Council) and for the time being in force " in the third and fourth lines of sub-section (SA) thereof and the substitution therefor of the words "Table E in the Regulations for the time being in force

(3) Section 5 is amended:-

(i) by the repeal in sub-section (1) thereof of the words the present Mercantile Marine Office shall be deemed to be the place appointed until the Governor shall appoint some other place ";

No. 1 of 1932.

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