CRIMINAL PROCEDURE AND EVIDENCE ACT
the peace and be of good behaviour for a time to be fixed by the court, and may be ordered to
be imprisoned until such recognizances with sureties, if so directed, are entered into:
Provided that the imprisonment for not entering into the recognizance shall in no case exceed
one year.
(2) If any person is convicted of an offence involving assault or injury to the person, a magistrates court may, in lieu of or in addition to any other punishment, order that the convicted
person shall give recognizances, with or without sureties, in an amount not exceeding level six
for a period not exceeding one year to keep the peace and to refrain from committing any injury
against the complainant.
[Subsection as amended by s. 28 of Act No. 9 of 2006]
(3) If any person having been ordered to give recognizances under subsection (2) refuses or
fails to do so, the court may order him to be committed to prison for a period not exceeding one
month, unless such recognizances are sooner found.
(4) Upon information being made on oath that a person bound by recognizances referred to
in subsection (1) or (2) has failed to observe the conditions of the recognizances, any magistrate may—
(a) in the case of recognizances referred to in subsection (1), order the person to appear
before a judge;
(b) in the case of recognizances referred to in subsection (2), order the person to appear
before a magistrate;
and, if necessary, may cause that person to be arrested and brought before a judge or magistrate, as the case may be.
(5) When the person referred to in subsection (4) appears before a judge or magistrate, as the
case may be, the judge or magistrate shall inquire into the alleged breach of the recognizances
and may, for the purpose, take evidence on oath from the person concerned and any other
person.
(6) Where it appears to a judge or magistrate, whether after an inquiry in terms of subsection
(5) or otherwise, that any person has failed to observe the conditions of the recognizances
referred to in subsection (1) or (2), as the case may be, he may order the recognizances to be
forfeited.
(7) An order in terms of subsection (6) shall have the effect of a civil judgment of the court.
(8) If a peace officer believes on reasonable grounds that the conditions of recognizances
referred to in subsection (1) or (2) are not being observed by any person, he may arrest the
person without warrant and shall, as soon as possible, bring him—
(a) in the case of the recognizances referred to in subsection (1), before a judge;
(b) in the case of recognizances referred to in subsection (2), before a magistrate;
for the purposes of inquiry in terms of subsection (5) and the provisions of this section shall
thereafter apply, mutatis mutandis.
(9) A person arrested in terms of subsection (8) shall be informed forthwith by the person
arresting him of the cause of the arrest.
355 Recognizances to appear for judgment
When a person is convicted of an offence not punishable with death, the High Court may,
instead of passing sentence, discharge the offender upon his entering into his own recognizances, with or without sureties, in such sum as the court may think fit to appear and receive judgment at some future sitting of the court or when called upon.
E. General and miscellaneous provisions as to punishments
356 Payment by accused persons of fines which may be imposed for minor
offences in lieu of appearance in court
(1) When any person has been summoned or warned to appear in a magistrates court or has
been arrested or has been informed by a peace officer, by written notice referred to in subsec-
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