132
Admission to bail by police
(1) Except where the charge against an accused person is one of the offences specified in the
Fifth Schedule, any police officer of or above the rank of assistant inspector, or a police officer of
whatever rank in charge of a police station, may, at a police station and at such times as no judicial
officer is available, admit to bail an accused person who makes or on whose behalf is made a deposit
of such sum of money as such police officer may in the particular circumstances fix.
(2) The provisions of section one hundred and thirty-one as to conditions, forfeiture and
remission of forfeited bail shall apply, mutatis mutandis, in respect of any deposit of money made
under subsection (1).
133
Provision in case of default in conditions of recognizance
If it appears to the judge or magistrate who admitted the accused to bail that default has been
made in any condition of the recognizance or if it appears to a judge or magistrate of the court before
which an accused person has to appear in terms of any recognizance that default has been made in
any condition of such recognizance, such judge or magistrate may—
(a) issue an order declaring the recognizance forfeited and such order shall have the effect of a
judgment on the recognizance for the amounts therein named against the person admitted
to bail and his sureties respectively;
(b) issue a warrant for the arrest of the person admitted to bail and afterwards, upon being
satisfied that the ends of justice would otherwise be defeated, commit him when so
arrested to prison until his trial.
134
Remission of bail
The Attorney-General may, in his discretion, remit the whole or any portion of any amount
forfeited under section ninety-seven or this Part and may, where a portion of such amount has been
remitted, enforce payment in part only.
135
Release of juvenile offenders without bail
(1) When a person under the age of eighteen years is accused of any offence other than treason,
murder or rape, any judge, magistrate or police officer who has power under this Part to admit the
said person to bail may, instead of admitting him to bail or instead of detaining him—
(a) release him without bail and warn him to appear before a court or magistrate at a time and
on a date then fixed by the judge, magistrate or police officer; or
(b) release him without bail to the care of the person in whose custody he is and warn that
person to bring him or cause him to be brought before a court or magistrate at a time and
on a date then fixed as aforesaid; or
(c) place him in a place of safety as defined in section 2 of the Children’s Protection and
Adoption Act [Chapter 5:06] pending his appearance before a court or magistrate or until
he is otherwise dealt with according to law.
(2) Any person who, having been warned in terms of paragraph (b) of subsection (1), fails
without reasonable excuse, the burden of proof of which shall rest upon him, to act in accordance
with that warning, shall be guilty of an offence and liable to a fine not exceeding twenty dollars or,
in default of payment, to imprisonment for a period not exceeding one month.
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