Section 131 of Criminal Procedure Code CAP 75: Forfeiture of recognizance
(1) Whenever it is proved to the satisfaction of a court by which a recognizance under this Code has been taken, or, when the recognizance is for appearance before a court, to the satisfaction of that court, that the recognizance has been forfeited, the court shall record the grounds of proof, and may call upon any person bound by the recognizance to pay the penalty thereof, or to show cause why it should not be paid.
(2) If sufficient cause is not shown and the penalty is not paid, the court may proceed to recover it by issuing a warrant for the attachment and sale of the movable property belonging to that person, or his estate if he is dead.
(3) A warrant may be executed within the local limits of the jurisdiction of the court which issued it; and it shall authorize the attachment and sale of the movable property belonging to the person without those limits, when endorsed by a magistrate within the local limits of whose jurisdiction the property is found.
(4) If the penalty is not paid and cannot be recovered by attachment and sale, the person so bound shall be liable, by order of the court which issued the warrant, to imprisonment for a term not exceeding six months.
(5) The court may remit a portion of the penalty mentioned and enforce payment in part only.
(6) When a person who has furnished security is convicted of an offence the commission of which constitutes a breach of the conditions of his recognizance, a certified copy of the judgment of the court by which he was convicted may be used as evidence in proceedings under this section against his surety or sureties, and, if the certified copy is so used, the court shall presume that the offence was committed by him unless the contrary is proved.
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- Section 132 - Appeal from and revision of orders
All orders passed under section 131 by a magistrate shall be appealable to and may be revised by the High Court.
- Section 133 - Power to direct levy of amount due on certain recognizances
The High Court may direct a magistrate to levy the amount due on recognizance to appear and attend at the High Court.
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Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such...
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(1) Any offences, whether felonies or misdemeanours, may be chargedtogether in the same charge or information if the offences charged are founded on the same facts, or form or are part of a series of...
- Section 136 - Joinder of two or more accused in one charge or information
The following persons may be joined in one charge or information and may be tried together—
(a) persons accused of the same offence committed in the course of the same transaction;
(b) persons...
- Section 137 - Rules for the framing of charges and information's
The following provisions shall apply to all charges and informations, and, notwithstanding any rule of law or practice, a charge or information shall, subject to this Code, not be open to objection in...
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(1) Subject to section 137B, a prosecutor and an accused person or his representative may negotiate and enter into an agreement in respect of—
(a) reduction of a charge to a lesser included...
- Section 137B - Plea agreement on behalf of the Republic
A plea agreement on behalf of the Republic shall be entered into by the Director of Public Prosecutions or officers authorized by the Director of Public Prosecutions in accordance with article 157(9)...
- Section 137C - Initiation of plea agreement
(1) An offer for a plea agreement may be initiated by—
(a) a prosecutor; or
(b) an accused person or his legal representative.
(2) The court shall be notified by the parties referred to in...
- Section 137D - Consultation with victim, etc.
A prosecutor shall only enter into a plea agreement in accordance with section
137A—
(a) after consultation with the police officer investigating the case;
(b) with due regard to the nature of and...
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A plea agreement shall be in writing, and shall—
(a) be reviewed and accepted by the accused person, or explained to the accused person in a language that he understands;
(b) if the accused person...
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(2) Before the court records a plea agreement, the accused person shall be placed under oath and the court shall address the accused person personally in court, and shall inform the accused person of,...
- Section 137G - Competence of accused to make a plea agreement
The court shall, before recording a plea agreement, satisfy itself that at the time the agreement was entered into, the accused person was competent, of sound mind and acted voluntarily.
- Section 137H - Record of factual basis of plea
(1) Where the court accepts a plea agreement—
(a) it shall enter the factual basis of the plea on record;
(b) the agreement shall become binding upon the prosecutor and the accused;
(c) the...
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(1) Upon conviction, the court may invite the parties to address it on the issueof sentencing in accordance with section 216.
(2) In passing a sentence, the court shall take into account—
(a) the...
- Section 137J - Rejection of plea agreement
(1) Where the court rejects a plea agreement—
(a) it shall record the reasons for such rejection and inform the parties accordingly;
(b) the plea agreement shall become null and void and no party...
- Section 137K - Withdrawal of plea
An accused person may withdraw a plea of guilty pursuant to a plea agreement
—
(a) prior to acceptance of the plea by the court, for any reason; or
(b) after the court accepts and convicts on the...
- Section 137L - Finality of judgement
(1) Subject to subsection (2), the sentence passed by a court under this Partshall be final and no appeal shall lie therefrom except as to the extent or legality of the sentence...
- Section 137M - Protection of plea agreement process
Notwithstanding anything contained in any written law for the time being in force, the statements or facts stated by an accused person in a plea agreement shall not be used for any other purpose...
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This Part shall not apply to—
(a) offences under the Sexual Offences Act, 2006;
(b) offences of genocide, war crimes and crimes against humanity.
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The Attorney-General may make rules for the better carrying into effect the provisions of this Part and such rules shall apply mutatis mutandis to prosecutions conducted under section 88 of the Act.
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A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal has not been reversed or set...
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A person convicted or acquitted of an offence may afterwards be tried for another offence with which he might have been charged on the former trial under section 135(1).
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A person convicted or acquitted of an act causing consequences which together with that act constitute a different offence from that for which he was convicted or acquitted may be afterwards tried for...
- Section 141 - Where original court was not competent to try subsequent charge
A person convicted or acquitted of an offence constituted by any acts may, notwithstanding the conviction or acquittal, be subsequently charged with and tried for another offence constituted by the...
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(1) In any trial or other proceeding under this Code, a previous conviction may be proved, in addition to any other mode provided by any law for the time being in force—
(a) by an extract certified,...
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If, without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of the summons a reasonable time before, may issue a warrant to bring...
- Section 146 - Warrant for witness in first instance
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- Section 150 - Power to summon witnesses, or examine person present
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- Section 151 - Evidence to be given on oath
Every witness in a criminal cause or matter shall be examined upon oath, and the court before which any witness shall appear shall have full power and authority to administer the usual oath.
- Section 152 - Refractory witnesses
(1) Whenever a person, appearing either in obedience to a summons or by virtue of a warrant, or being present in court and being verbally required by the court to give evidence—
(a) refuses to be...
- Section 154 - Issue of commission for examination of witness
(1) Whenever, in the course of a proceeding under this Code, the High Courtor a magistrate empowered to hold a subordinate court of the first class is satisfied that the examination of a witness is...
- Section 155 - Parties may examine witnesses
(1) The parties to a proceeding under this Code in which a commission isissued may respectively forward any interrogatories in writing which the court or magistrate directing the commission may think...
- Section 156 - Power of magistrate to apply for issue of commission
Whenever, in the course of a proceeding under this Code before a magistrate other than a magistrate empowered to hold a subordinate court of the first class, it appears that a commission ought to be...
- Section 157 - Return of commission
(1) After a commission issued under section 154 or section 156 has been duly executed it shall be returned, together with the deposition of the witness examined thereunder, to the High Court or to the...
- Section 158 - Adjournment of inquiry or trial
In a case in which a commission is issued under section 154 or section 156, the proceedings may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
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Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.
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(1) If the accused, though not insane, cannot be made to understand the proceedings—
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- Section 168 - Mode of delivering judgment
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