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Section 200: Breach of conditions of release

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.

200. Breach of conditions of release (1) Where the Court, before which an offender is bound by his recognisance under this Part to appear for sentence, or any Court of summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any of the conditions of his recognisance, it may— (a) issue a warrant for his apprehension; or (b) where it thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and any sureties requiring him or them to attend at such Court and at such time as may be specified in the summons. (2) Where an offender is apprehended under subsection (1), he shall, if not brought forthwith before the Court before which he is bound by his recognisance to appear for sentence, be brought before a Court of summary jurisdiction. (3) The Court before which an offender who is apprehended is brought, or before which he appears pursuant to a summons under subsection (1), may, if it is not the Court before which he is bound by recognisance to appear for sentence, remand him to custody or on bail until he can be brought before that Court. (4) An offender under this section may be remanded to prison. (5) Where a Court before which a person is bound by his recognisance to appear is satisfied that he has failed to observe any condition of his recognisance, it may— (a) forthwith sentence him for his original offence; or (b) where the case was one in which the Court in the first instance might have ordered the offender to be sent to the Correctional Youth Centre or Rehabilitation Youth Centre, and the offender is still under the age of 17, make such an order. (6) (a) A Court before which an offender is brought or appears under this section for failing to observe the conditions of his recognisance may, instead of sentencing him under subsection (5) or remanding him to custody or on bail under subsection (3), impose on him a penalty not exceeding 100 rupees, without prejudice to the continuance in force of the recognisance originally entered into. (b) No penalty inflicted under this subsection shall exceed the maximum penalty imposed for the original offence. C59 – 37 [Issue 7] Criminal Procedure Act

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