CRIMINAL PROCEDURE AND EVIDENCE ACT
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
331 Arrest of judgment
(1) A person convicted of an offence by the High Court, whether on his plea of guilty or
otherwise, may at any time before sentence apply to that court that judgment be arrested on the
ground that the indictment does not disclose any offence.
(2) Upon the hearing of the application, the court may allow any such amendment of the
indictment as it might have allowed before verdict.
(3) The court may either hear and determine the application forthwith or may reserve the
question of law for the consideration of the Supreme Court and may nevertheless pass sentence
forthwith.
332 Decision may be reserved
Any judge or magistrate presiding over a court before which any person is tried for an offence may reserve the giving of his final decision on questions raised at the trial, and his decision when given shall be considered as given at the time of trial.
333 Sentence in High Court
(1) If an application for arrest of judgment is not made or is dismissed, the High Court may
either pass sentence upon the convicted person forthwith or may discharge him on his recognizance, as provided in Part XVIII, on condition that he shall appear and receive judgment at
some future session of the court or when called upon.
(2) If sentence is not passed forthwith, any judge may pass sentence upon the convicted person.
334 Provisions applicable to sentences in all courts
(1) All judgments and sentences in criminal proceedings before any court against persons
who are of or above the age of eighteen years shall be pronounced in open court.
(2) A court may order that no person shall be present when judgment and sentence are pronounced in any criminal proceedings before any court against a person under the age of eighteen years or during the proceedings mentioned in subsection (3) in respect of the accused
except—
(a) the accused and any person against whom such proceedings are being held jointly with
the accused;
(b) the legal representative or spouse of the accused and any co-accused;
(c) a parent or guardian or person in loco parentis of the accused and of any co-accused
who is under the age of eighteen years;
(d) an officer of court;
(e) a person whose presence is necessary in connection with such proceedings;
(f) a person authorized to be present at such proceedings by the judge or magistrate presiding thereat.
(3) The court may, before passing sentence and for the purpose of informing itself as to
proper sentence to be passed, receive—
(a) evidence on oath, including hearsay evidence;
(b) affidavits and written reports which may be tendered by the prosecutor, the accused or
his legal representative;
(c) written statements made by the prosecutor, the accused or his legal representative;
(d) statements not on oath made by the accused:
Provided that—
(i) no hearsay evidence, other than evidence of a statistical nature, and no affidavit, written
report or written statement shall be called or tendered by the prosecutor unless the accused or his legal representative consents thereto;
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