1988 Ed.]
Magistrates
CAP. 227
63
such offender would have been liable under the enactment authorizing the said imprisonment.
Power to award compensation
[cf. U.K. 1879 c. 49, s. 4]
98. Where a magistrate makes an order under section 36(1) or convicts a person of an offence and passes such sentence (if any) as may otherwise by law be passed, he may, in addition to the order or sentence, order the offender to pay to any aggrieved person such compensation for-
(a) personal injury;
(b) loss of or damage to property; or
(c) both such injury and loss or damage,
not exceeding $5,000, as he thinks reasonable.
(Replaced, 48 of 1972, s. 4)
Power to sentence person using insulting language to or concerning magistrate
99. If any person behaves in an insulting manner or uses any threatening or insulting expression to or concerning or in the presence of a magistrate when acting in the discharge of any magisterial duty, the magistrate may summarily sentence the offender to a fine of $2,000 or to imprisonment for 2 months.
(Amended, 24 of 1949, s. 34 and 51 of 1981, s. 9)
Power to award compensation or penalty for malicious
prosecution or false testimony
100. If it appears to a magistrate—
(a) that any charge or complaint was maliciously preferred without reasonable or probable cause, the magistrate may, on the application of the person against whom the charge or complaint was made, order the complainant to pay to such person reasonable compensation not exceeding $2,000: (Amended, 24 of 1949, s. 35 and 51 of 1981, s. 10)
Provided that the award of any such compensation shall be a bar to any civil proceeding for damages by reason of such charge or complaint having been made; or
(b) that any witness, (which shall include a defendant who gives evidence on his own behalf), has wilfully given false testimony, the magistrate may order him to pay a fine of $2,000: (Amended, 24 of 1949, s. 35 and 51 of 1981, s. 10)
Provided that-
(i) before making any order under paragraph (a) the magistrate shall first give the complainant an opportunity of showing cause why the order should not be made, and shall, if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf;
(ii) before making any order under paragraph (b) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to constitute the false testimony and shall give the
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1988 Ed.]
Magistrates
¡CAP. 227
63
such offender would have been liable under the enactment authorizing the said imprisonment.
Power to award compensation
[cf. U.K. 1879 c. 49, s. 4]
98. Where a magistrate makes an order under section 36(1) or convicts a person of an offence and passes such sentence (if any) as may otherwise by law be passed, he may, in addition to the order or sentence, order the offender to pay to any aggrieved person such compensation for-
(a) personal injury;
(b) loss of or damage to property; or
(c) both such injury and loss or damage,
not exceeding $5,000, as he thinks reasonable.
(Replaced, 48 of 1972, s. 4)
Power to sentence person using insulting language to or concerning magistrate
99. If any person behaves in an insulting manner or uses any threatening or insulting expression to or concerning or in the presence of a magistrate when acting in the discharge of any magisterial duty, the magistrate may summarily sentence the offender to a fine of $2,000 or to imprisonment for 2 months.
(Amended, 24 of 1949, s. 34 and 51 of 1981, s. 9)
Power to award compensation or penalty for malicious
prosecution or false testimony
100. If it appears to a magistrate—
(a) that any charge or complaint was maliciously preferred without rea- sonable or probable cause, the magistrate may, on the application of the person against whom the charge or complaint was made, order the complainant to pay to such person reasonable compensation not exceeding $2,000: (Amended, 24 of 1949, s. 35 and 51 of 1981, s. 10)
Provided that the award of any such compensation shall be a bar to any civil proceeding for damages by reason of such charge or complaint having been made; or
(b) that any witness, (which shall include a defendant who gives evidence on his own behalf), has wilfully given false testimony, the magistrate may order him to pay a fine of $2,000: (Amended, 24 of 1949, s. 35 and 51 of 1981, s. 10)
Provided that-
(i) before making any order under paragraph (a) the magistrate shall first give the complainant an opportunity of showing cause why the order should not be made, and shall, if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf;
(ii) before making any order under paragraph (b) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to constitute the false testimony and shall give the
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