CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 238

12

Special provisions.

245

discharge

30. If, on the hearing of a charge for any offence punish- Power to able on summary conviction, the magistrate thinks that, though defendant the charge is proved, the offence was in the particular case of without so trifling a nature that it is inexpedient to inflict any punish-offence ment, or any other than a nominal punishment :-

punishment

trifling.

42 & 43 Vict. c. 49, s. 16.

Schedule.

(1) he may, without proceeding to conviction, dismiss the First complaint or information, and may order the defendant to pay Forms Nos. such damages, not exceeding twenty dollars, and such costs of 26 and 45. the proceeding, or either of them, as he may think reasonable: or he may order the defendant to enter into a recognizance, with or without surcties, to be of good behaviour or to keep the peace,

in a sum not greater than five hundred dollars and for a term not to exceed twelve months; or

Schedule.

(2) he may, on convicting the defendant, discharge Lim conditionally on his giving security, with or without sureties, to appear for sentence when called upon or to be of good be- haviour or to keep the peace, and either without payment of First damages and costs or subject to the payment of such damages Forms Nos. and costs, or either of them, as he may think reasonable: 5 and 21. Provided that the security required shall not exceed five hundred dollars and the time during which the defendant may be called upon to appear for sentence or during which he is to be of good behaviour or is to keep the peace shall not exceed twelve months.

(3) The magistrate may order the defendant in default of compliance with any order made under this section to be imprisoned without hard labour for any term not exceeding six months.

of fine.

4 & 5 Geo. 5, c. 58, s. 3(1).

31.--(1) Subject to the provisions of sub-sections (2) and Reduction

of imprison- (3), where a term of imprisonment is imposed by a magistrate sent on part in respect of the non-payment of any sum of money adjudged payment to be paid by a conviction or order, that term shall, on pay- ment of a part of such sum to any person authorised by a magistrate to receive it, be reduced by a number of days bear- ing as nearly as possible the same proportion to the total num- ber of days in the term as the sum paid bears to the sum adjudged to be paid.

(2) Notwithstanding the provisions of sub-section (1), no person who has been sentenced to imprisonment in default of payment of a sum adjudged to be paid by a conviction or order Shall be entitled to be discharged on the first day of his impri- sonment except upon the payment in full of the sum in respect of which the sentence of imprisonment was imposed.

(3) Notwithstanding the provisions of sub-section (1), where any person who has been sentenced to imprisonment in default of payment of a sum of money adjudged to be paid by a conviction or order earns under the Prison Rules any remis- sion of the sentence, the term of his imprisonment shall for the purposes of sub-section (1) be deemed, at any given time, to have been reduced by such period of remission as may at the time stand to his credit.