CRIMINAL PROCEDURE AND EVIDENCE ACT
judicial officer is available, admit to bail an accused person who makes or on whose behalf is
made a deposit of such sum of money as such police officer may in the particular circumstances fix.
(2) The provisions of section one hundred and thirty-one as to conditions, forfeiture and
remission of forfeited bail shall apply, mutatis mutandis, in respect of any deposit of money
made under subsection (1).
133 Provision in case of default in conditions of recognizance
If it appears to the judge or magistrate who admitted the accused to bail that default has been
made in any condition of the recognizance or if it appears to a judge or magistrate of the court
before which an accused person has to appear in terms of any recognizance that default has
been made in any condition of such recognizance, such judge or magistrate may—
(a) issue an order declaring the recognizance forfeited and such order shall have the effect
of a judgment on the recognizance for the amounts therein named against the person
admitted to bail and his sureties respectively;
(b) issue a warrant for the arrest of the person admitted to bail and afterwards, upon being
satisfied that the ends of justice would otherwise be defeated, commit him when so arrested to prison until his trial.
134 Remission of bail
The Prosecutor-General may, in his discretion, remit the whole or any portion of any amount
forfeited under section ninety-seven or this Part and may, where a portion of such amount has
been remitted, enforce payment in part only.
[Section amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
135 Release of juvenile offenders without bail
(1) When a person under the age of eighteen years is accused of any offence other than treason, murder or rape, any judge, magistrate or police officer who has power under this Part to
admit the said person to bail may, instead of admitting him to bail or instead of detaining him—
(a) release him without bail and warn him to appear before a court or magistrate at a time
and on a date then fixed by the judge, magistrate or police officer; or
(b) release him without bail to the care of the person in whose custody he is and warn that
person to bring him or cause him to be brought before a court or magistrate at a time
and on a date then fixed as aforesaid; or
(c) place him in a place of safety as defined in section 2 of the Children’s Act [Chapter
5:06] pending his appearance before a court or magistrate or until he is otherwise dealt
with according to law.
[Paragraph amended by s. 49 of Act No. 2 of 2016]
(2) Any person who, having been warned in terms of paragraph (b) of subsection (1), fails
without reasonable excuse, the burden of proof of which shall rest upon him, to act in accordance with that warning, shall be guilty of an offence and liable to a fine not exceeding level
three or, in default of payment, to imprisonment for a period not exceeding one month.
[Subsection as amended by s. 28 of Act No. 9 of 2006]
PART X
INDICTMENTS, SUMMONSES AND CHARGES
A. Indictments in High Court
136 Charge in High Court to be laid in indictment
(1) When a person charged with an offence has been committed for trial or sentence and it is
intended to prosecute him before the High Court, the charge shall be in writing in a document
called an indictment.
(2) Where the prosecution is at the public instance, the indictment shall be in the name of the
Prosecutor-General and shall be signed by the Prosecutor-General or by a member of the
National Prosecuting Authority authorised by him or her.
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