(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 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 amended by section 28 of Act 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.