70
CAP. 221]
Criminal Procedure
[1988 Ed.
(2) The offender, when apprehended, shall, if not brought forthwith before the court, be brought before a magistrate.
(3) The magistrate before whom an 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 16, to a place of detention provided under the Juvenile Offenders Ordinance (Cap.226).
(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 recognizance, may forthwith, without further proof of his guilt, convict and sentence him for the original offence.
(Replaced, 2 of 1937, Schedule) [cf. U.K. 1907 c. 17, s. 6]
Conditions as to abode of sureties
109. The court, before directing the release of an offender under section 107, shall be satisfied that the sureties, if any, have fixed places of abode or regular occupation in the Colony.
[cf. U.K. 1887 c. 25, s. 3]
Imprisonment of young offenders
Restriction on imprisonment of persons between 16 and 21 years of age
109A. (1) No court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of opinion that no other method of dealing with such person is appropriate; and for the purpose of determining whether any other method of dealing with any such person is appropriate the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to the character of such person and his physical and mental condition.
(1A) This section shall not apply to a person who has been convicted of any offence which is declared to be an excepted offence by the Third Schedule. (Added, 5 of 1971, s. 10A)
(2) In this section "court" includes the District Court and a magistrate. (Amended, 35 of 1976, s. 11)
(Added, 66 of 1967, Schedule) [cf. U.K. 1948 c. 58, s. 17(2)]
Supervision of young prisoners on release from prison
Supervision orders
109AA. (1) In the case of a person who, before attaining the age of 25 years, is released from imprisonment or completes after such release a period of supervision ordered under section 7(2) of the Prisoners (Release under Supervision) Ordinance...
70
CAP. 221]
Criminal Procedure
[1988 Ed.
(2) The offender, when apprehended, shall, if not brought forthwith before the court, be brought before a magistrate.
(3) The magistrate before whom an 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 re- mand to a prison, or, if he is a child or young person under the age of 16, to a place of detention provided under the Juvenile Offenders Ordinance (Cap. 226).
(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 recognizance, may forthwith, without further proof of his guilt, convict and sentence him for the original offence.
(Replaced, 2 of 1937, Schedule) [cf. U.K. 1907 c. 17, s. 6]
Conditions as to abode of sureties
109. The court, before directing the release of an offender under sec- tion 107, shall be satisfied that the sureties, if any, have fixed places of abode or regular occupation in the Colony.
[cf. U.K. 1887 c. 25, s. 3]
Imprisonment of young offenders
Restriction on imprisonment of persons between 16 and 21 years of age
109A. (1) No court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of opinion that no other method of dealing with such person is appropriate; and for the purpose of determining whether any other method of dealing with any such person is appropriate the court shall obtain and consider information about the circum- stances, and shall take into account any information before the court which is relevant to the character of such person and his physical and mental condition.
(IA) This section shall not apply to a person who has been convicted of any offence which is declared to be an excepted offence by the Third Schedule. (Added, 5 of 1971, s. 10A)
(2) In this section "court" includes the District Court and a magistrate. (Amended, 35 of 1976, s. 11)
(Added, 66 of 1967, Schedule) [cf. U.K. 1948 c. 58, s. 17(2)]
Supervision of young prisoners on release from prison
Supervision orders
109AA. (1) In the case of a person who, before attaining the age of 25 years, is released from imprisonment or completes after such release a period of supervision ordered under section 7(2) of the Prisoners (Release under Supervi-
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