Section 197: Absolute or conditional discharge
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
197. Absolute or conditional discharge
(1) Where a Court by or before which a person is charged with an offence (not being an offence the sentence of which is fixed by law) thinks
that having regard—
(a) to the character, antecedents, age, health or mental condition of
the person;
(b) to the trivial nature of the offence; or
(c) to the extenuating circumstances under which the offence was
committed,
it is inexpedient to inflict punishment and that a probation order is not appropriate, the Court may make an order discharging him absolutely or conditionally on his entering into a recognisance, with or without sureties, to be of
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good behaviour and to appear for sentence when called on at any time during such period, not exceeding 3 years, as may be specified in the order, and
in either case order him to pay the costs.
(2) In this section, “offence the sentence for which is fixed by law”
means an offence for which the Court is required to sentence the offender to
penal servitude for life or detention for a period to be prescribed by the Minister, or any offence referred to in section 205.