1964_MAGISTRATES_ORDINANCE — Page 66

1988 Ed.]

Magistrates

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(ii) after making such inquiry, the magistrate may, if he thinks fit, instead of issuing a warrant of commitment to prison, make an order extending the time allowed for payment or varying the amount of the instalments or the times at which the instalments were, by the previous direction of a magistrate, directed to be paid.

(Added, 32 of 1966, s. 4)

Bail

Provisions relating to bail

102. (1) No magistrate or justice of the peace shall admit any person to bail for treason or murder, nor shall such person be admitted to bail except by order of a judge.

(2) Subject to the provisions of subsection (1) where a person is charged with an indictable offence a magistrate may in his discretion admit the accused to bail, on his procuring or producing such surety or sureties as, in the opinion of the magistrate, will be sufficient to ensure the appearance of the accused at the time and place when and where he is to be tried for such offence and thereupon the magistrate shall take the recognizance of the accused and his surety or sureties conditioned for the appearance of the accused at the time and place of trial and that he will then surrender and take his trial and will not depart the court without leave. (Replaced, 24 of 1949, s. 37) (See Forms 88–90)

(3) It shall be lawful for a magistrate, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful for an inspector of police to admit the accused to bail, taking his recognizance and that of his surety or sureties, if any, conditioned for the appearance of the accused at the time and place of hearing and that he will then surrender and take his trial and will not depart the court without leave.

(4) In every case where a person charged with any bailable indictable offence is committed to prison to take his trial for the same before the court, it shall be lawful, at any time afterwards and before the date of his trial, for the magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing magistrate is of opinion that the accused ought to be admitted to bail, such magistrate shall in every other case of a misdemeanor committed for trial before the court certify on the warrant of commitment his consent to the accused being bailed, stating also the amount of bail which ought to be required and whether with a surety or sureties; and it shall be lawful for a magistrate or for the magistrates' clerk, or for a justice of the peace attending at or visiting the prison where the accused is in custody, on production of such certificate, to admit the accused to bail in manner aforesaid. (Amended, 9 of 1950, Schedule and 63 of 1971, s. 13) (See Form 91)

(5) In every case where the accused in custody is admitted to bail by a magistrate other than the committing magistrate or by a justice of the peace as aforesaid, such magistrate or justice of the peace shall forthwith transmit the recognizance of bail to the committing magistrate to be transmitted with the depositions.

(Amended, 24 of 1949, s. 37)