Tuvalu

Criminal Procedure Code

PART III - GENERAL PROVISIONS

40 Order to give security

(1) If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should enter into a recognisance, with or without sureties, the magistrate shall make an order accordingly:
Provided that —
(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 34;
(b) the amount of every recognisance shall be fixed with due regard to the circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a minor, the recognisance shall be entered into only by his sureties.

(2) Any person ordered to give security for good behaviour under this section may appeal to the Senior Magistrate, or, if the order under appeal was made by the Senior Magistrate, to the High Court, and the provisions of Part IX (relating to appeals) shall apply to every such appeal.


41 Discharge of person informed against

If on an inquiry under section 39 it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should enter into a recognisance, the magistrate shall make an entry on the record to that effect, and, if such person is in custody only for the purposes of the inquiry, shall release him, or if such person is not in custody, shall discharge him.


42 Commencement of period for which security is required

(1) If any person in respect of whom an order requiring security is made under section 34 or 40 is, at the time such order is made, sentenced to or undergoing a sentence of imprisonment, the period for which such security is required shall commence on the expiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the magistrate, for sufficient reason, fixes a later date.

Keywords

Provisional arrest
Arrest
Arrest for national proceedings
Provisional arrest for national proceedings



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