as the Court directs, such recognizance being conditioned that the offender shall be of good behaviour for a period from the date of the sentence equal to the term of the sentence, or if the term of the sentence is less than twelve months, then for the period of twelve months, and shall not during the like period do or omit to do any act whereby the recognizance would become liable to be forfeited under the provisions hereinafter contained. As to such recognizances see Justices Act, Part VIII. (3) When such recognizance is entered into the offender shall be discharged from custody, but shall be liable to be committed to prison to perform his sentence if, during the period specified in the recognizance, any of the conditions hereinafter specified happens with respect to him. A written notice shall be given to the offender upon his discharge specifying the conditions under which he will become liable to be so committed to prison. (4) When an offender is so committed to prison the sentence shall begin to run from the date of such committal, but the term of the sentence shall not extend beyond the period specified in the recognizance, and at the expiration of that period the offender shall be entitled to be discharged. It is to be noted that in the case of a sentence for a period of less than twelve months the offender remains liable until the expiration of twelve months from the date of sentence to perform the whole sentence, or so much of it as can be performed between the time of his committal to prison and the expiration of that period. If the term of the sentence is not less than twelve months the period during which the offender is of good behaviour will be counted as part performance of his sentence. Order for restitution or payment of compensation may be made by Court. 4. If the offence of which a person is convicted has relation to property, or is an offence against the L person, the Court may, if it thinks fit, upon suspending the execution of the sentence as hereinbefore provided, order the offender to make restitution of the property in respect of which the offence was committed, or to pay compensation for the injury done to such property, or compensation for the injury done to the person injured, as the case may be, and may assess the amount to be paid by the offender in any such case, and may direct when and to whom and in what instalments the amount ordered to be paid shall be paid. Every such order may be enforced by any Justice in the same manner as orders made by Justices upon summary convictions. The Court may also, if it thinks fit, require the offender to give security for the performance of any such order, and may make the discharge of the offender from custody conditional upon such security being given. As to enforcement of such orders see Justices Act, ss. 161 to 174 and forms thereunder. Defendant discharged to report himself. 5. Every offender discharged under the provisions of this Act shall, once at least in every three months during the period specified in the recognizance, report his address and occupation to the principal officer of police at the place in which he was convicted, or at such other place as the Commissioner of Police may appoint. Such report may be made either by the offender personally attending at the place aforesaid, or by postletter signed by him and addressed to the principal officer of police at that place, unless in any case the Colonial Secretary directs that the report shall be made by the offender personally, in which case it must be made in that mode only. It is important that the Courts should cause information to be sent to the Commissioner of Police of any orders made under the provisions of this Act. Conditions under which defendant may be arrested. 6. If, during the period specified in the recogni zance (1) It is proved to a Court of summary jurisdiction. that an offender so discharged has failed to report his address and occupation to the person, at the times, and in the manner, prescribed by the last preceding section; or (2) If, on his being charged by an officer of police with getting his livelihood by dishonest means, and being brought before a Court of summary jurisdiction, it appears to such Court that there are reasonable grounds for believing that he is getting his livelihood by dishonest means; or (3) If, on being charged with an offence punishable on indictment or summary conviction, and on being required by the justices before whom he is charged to give his name and address, he refuses to do so, or gives a false name or a false address; or (4) If he is convicted of any offence against the Act of the Governor and Legislative Council of New South Wales, passed in the fifteenth year of Her Majesty's reign, and numbered four, entitled "An Act for the more Effectual Prevention of Vagrancy and for the Punishment of Idle and Disorderly Persons Rogues and Vagabonds and Incorrigible Rogues in the Colony of New South Wales," or is convicted of any indictable offence or of any offence punishable on summary conviction and for which imprisonment for a period exceeding one month may be imposed; then, and in any of such cases, the Court before which the offender is charged or convicted may forfeit the recognizance and direct him to be committed to prison to perform his sentence as aforesaid, or so much thereof as remains to be performed under the provisions hereinbefore contained, and he shall be so committed accordingly. And the Court may grant any necessary warrant for his committal. The classes of offences punishable on summary conviction are dealt with in As to warrant of committal compare Justices Act, Schedule III., Form 61. But if during the period aforesaid none of the aforesaid events happens, he shall be discharged from the sentence; and the conviction on which the sentence was imposed shall not on any subsequent conviction against him be deemed to be a previous conviction for the purposes of any Act under which a greater punishment may be inflicted upon a person who has been previously convicted. Conditional remission of sentence by Governor. 7. In any case in which the Governor is authorised on behalf of Her Majesty to extend mercy to an offender under sentence of penal servitude or imprisonment with or without hard labour, he may extend mercy upon condition of the offender entering into a recognizance conditioned as prescribed in the third section of this Act. And such offender shall thereupon be liable to the same obligations, and shall be liable to be dealt with in all respects in the same manner, as a person discharged upon recognizance under the said third section. ... after order nisi to quash conviction upon the conviction or order of another... in Small Debts Court ... ... done by J.P. beyond Colony done by J.P., authentication of ADJOURNMENT OF HEARING- of summary case where one Justice present ... 41 16 41 16 176 68 Sch. IV 140 252-258 94-96 252 94 ... ... for non-appearance of defendant or witness after of simple offence or breach of duty on com- ... of simple offence or breach of duty on defendant's form of notice of this given to defendant and surety ... to different place, in cases of simple offences and 140 51 ... Sch. III f. 20 113 Sch. III f. 21 114 Sch. III f. 22 114 |