374. Person granted award or order debarred from further civil remedy. 375. Part XIX not to derogate from other laws relating to compensation or restitution. PART XX P ARDON AND C OMMUTATION 376. 377. 378. 379. Saving of President’s prerogative of mercy. President may commute sentence. Exercise of prerogative of mercy in respect of offenders under sentence of imprisonment. Reference of case by Minister for appeal or opinion. PART XXI GENERAL 380. 381. 382. 383. 384. 385. 386. 387. 388. 389. Force of process. Institution of fresh proceedings when conviction set aside on appeal. How documents to be served. Mode of proving service of process. Transmission of summonses and writs by telegraph. Prosecutions of corporations and members of associations. Provisions as to offences under two or more laws. Estimating age of person. Binding over of persons to keep the peace. Regulations. SCHEDULES First Schedule: Specified Offences in Relation to Powers of Arrest. Second Schedule: Offences in Connection With Which Things May be Seized and Confiscated in terms of Section 62. Third Schedule: Offences in Respect of Which Power to Admit Persons to Bail is Excluded or Qualified. Fourth Schedule: [Repealed] Fifth Schedule: Offences in Connection With Which Bail May Not be Granted in Terms of Section 132 (1). Sixth Schedule: Offences for Which Sentence of Periodical Imprisonment May be Imposed. Seventh Schedule: Extended Imprisonment Offences. Eighth Schedule: Offences the Commission Whereof Disqualifies O ffender From Being Dealt With as First Offender in Terms of Part XVIII. Ninth Schedule .Offences involving Corruption, Organised Crime or Harm to the National Economy. AN ACT to consolidate and amend the law relating to procedure and evidence in criminal cases, and to make provision for other matters incidental to such procedure and evidence. [Date of commencement: 1st June, 1927.] PART I P RELIMINARY 1 2 Short title This Act may be cited as the Criminal Procedure and Evidence Act [Chapter 9:07]. Interpretation In this Act— “company” means a company incorporated or registered under any enactment generally governing companies or under any special enactment or under letters patent or Royal Charter; “court” or “the court”, in relation to any matter dealt with under a particular provision of this Act, means the judicial authority which under this Act or any other enactment has jurisdiction in respect of that matter; “day” or “day-time”, when used in contra-distinction to “night” or “night-time”, means the space of time between sunrise and sunset; “judge” means a judge of the High Court; “justice” means a justice of the peace appointed or exercising functions as such under any enactment; “legal representative” means— (a) in relation to a person who is represented by a legal practitioner, that legal practitioner;