CRIMINAL PROCEDURE AND EVIDENCE ACT unless there are compelling reasons for not doing so (the proof whereof rests with the responsible person). [Section inserted by s. 44 of Act No. 2 of 2016] 386 Provisions as to offences under two or more laws Where an act or omission constitutes an offence under two or more enactments, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either enactment or, as the case may be, under the enactment or the common law, but shall not be liable to more than one punishment for the act or omission constituting the offence. [Section as amended by s. 28 of Act No. 9 of 2006] 387 Estimating age of person If in any criminal proceedings the age of any person is a relevant fact of which no or insufficient evidence is available in those proceedings, the judge or magistrate may estimate the age of such person by his appearance or from any information, including hearsay evidence, which may be available, and the age so estimated shall be deemed to be such person’s correct age unless it is subsequently proved that the said estimate was incorrect. 388 Binding over of persons to keep the peace (1) Where a complaint on oath is made to a magistrate that any person— (a) is conducting himself violently towards, or is threatening injury to, the person or property of another; or (b) has used language or behaved in a manner towards another likely to provoke a breach of the peace or assault; whether in a public or private place, the magistrate— (i) may order the person to appear before him; and (ii) if necessary, may cause that person to be arrested and brought before him; and (iii) when that person appears before him, shall inquire into the matter. (2) For the purposes of an inquiry in terms of subsection (1), the magistrate may— (a) order the person concerned to be kept in custody until the expiration of a period of fourteen days or the conclusion of the inquiry, whichever is the sooner; (b) take evidence on oath from the person concerned and the complainant and any other person. (3) After inquiring into the matter in terms of subsection (1), the magistrate may— (a) order the person against whom the complaint is made to enter into recognizances, with or without sureties, in an amount not exceeding the equivalent of a fine of level seven for a period not exceeding one year to keep the peace towards the complainant and refrain from doing or threatening injury to his person or property; and [Paragraph amended by s. 4 of Act No. 22 of 2001.] (b) order the person against whom the complaint is made or the complainant to pay the costs of and incidental to the inquiry. (4) Any person who, having been ordered to give recognizances in terms of paragraph (a) of subsection (3), refuses or fails to do so may be committed to prison for a period not exceeding one month unless such recognizances are sooner found. (5) Upon information being made on oath that a person bound by recognizances referred to in paragraph (a) of subsection (3) has failed to observe the conditions of the recognizances, any magistrate— (a) may order the person to appear before him; and (b) if necessary, may cause that person to be arrested and brought before him; and (c) when that person appears before him, shall inquire into the matter. (6) The provisions of subsection (2) shall apply, mutatis mutandis, in respect of an inquiry in terms of paragraph (c) of subsection (5). (7) Where it appears to any magistrate, whether after an inquiry in terms of paragraph (c) of subsection (5) or otherwise, that any person has failed to observe the conditions of recogni148