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Section 198: Conditions of recognisance

Criminal Procedure Act · PART X: DISCHARGE OF OFFENDER

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.

198. Conditions of recognisance (1) Subject to subsection (2), a recognisance under this Part may contain such additional conditions with respect to the residence of the offender, his abstention from intoxicating liquor, or from frequenting undesirable places, his reporting to the police, and any other matter as the Court may, having regard to the particular circumstances of the case, consider necessary for preventing a repetition of the same offence or the commission of other offences. (2) (a) A recognisance shall not include a condition that a person under the age of 17 shall reside in an institution which is not approved by the Minister or subject to such inspection as the Minister may direct, unless that person is while residing in the institution to be employed or to seek employment outside it. (b) Where it is made a condition of recognisance that a person under the age of 17 shall reside in an institution, the Court shall forthwith give notice of the terms of the recognisance to the Minister. (c) Where the residence has, in the case of a person under the age of 17 been made a condition of recognisance, the Minister may, if he considers that it is in the interest of that person so to do, cause an application to be made to the Court before which he is bound by his recognisance to appear, and thereupon the Court may vary the conditions of the recognisance by excluding the condition as to residence or by substituting the name of some other institution. (3) The Court shall furnish to the offender a notice in writing stating in simple terms the conditions of the recognisance he is required to observe.

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