CRIMINAL PROCEDURE AND EVIDENCE ACT
that a further period in a training institute, reform school or certified institution would advance
the education or welfare of a person who has been placed in such an institute, school or institution and whose period of retention has expired or is about to expire, the court may order that
person to return to or remain in the institute, school or institution concerned for a further period
or periods, as it may fix, and may at any time revoke such order.
(5) Where the Minister to whom the administration of the Children’s Protection and Adoption Act [Chapter 5:06] has been assigned is satisfied that a further period in a training institute, reform school or certified institution would advance the education or welfare of a person
who has been placed in such an institute, school or institution and whose period of retention has
expired or is about to expire, the Minister may order that person to return to or remain in the
institute, school or institution concerned for a further period or periods, as he may fix, and may
at any time revoke such order:
Provided that the Minister shall not make such order unless the parent or legal guardian of
the person concerned has consented to the making of the order.
(6) The period or aggregate of the periods fixed in terms of subsection (4) or (5) shall not
extend beyond—
(a) three years from the date of expiry of the period of retention of the person concerned; or
(b) the date on which the person concerned attains the age of twenty years;
whichever is the sooner.
353 Corporal punishment of male juveniles
(1) Where a male person under the age of eighteen years is convicted of any offence the
court which imposes sentence upon him may—
(a) in lieu of any other punishment; or
(b) in addition to a wholly suspended sentence of a fine or imprisonment; or
(c) in addition to making an order in terms of subsection (1) of section three hundred and
fifty-one;
sentence him to receive moderate corporal punishment, not exceeding six strokes.
(2) Subject to subsection (3), corporal punishment in terms of this section shall be inflicted
in private.
(3) The parent or guardian of a person sentenced to corporal punishment in terms of this
section shall have the right to be present when the punishment is inflicted, and the court shall
advise the parent or guardian, if present when the sentence is imposed, of his right to be present
when it is inflicted.
(4) Corporal punishment shall not be inflicted in terms of this section unless a medical practitioner has examined the person on whom it is to be inflicted and has certified that he is in a fit
state to undergo the punishment.
(5) If a medical practitioner has certified that a person on whom corporal punishment is to be
inflicted in terms of this section is not in a fit state to receive the punishment or any part of it,
the person who was to have inflicted the punishment shall forthwith submit the certificate to the
court that passed the sentence or to a court of like jurisdiction and the court may thereupon, if
satisfied that the person concerned is not in a fit state to receive the punishment or any part of
it, amend the sentence as it thinks appropriate.
(6) Subject to this section, the manner in which and place at which corporal punishment shall
be inflicted, and the person who shall inflict it, shall be as prescribed.
D. Recognizances
354 Recognizances to keep the peace and be of good behaviour
(1) A person convicted of an offence not punishable with death may, in lieu of or in addition
to any punishment to which he is liable, be ordered by the High Court to enter into his own
recognizances, with or without sureties, in such amount as the court thinks fit that he shall keep
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