CAP. 75
(e)
(f)
(g)
Criminal Procedure Code
[Rev. 2012]
habitually commits or attempts to commit, or aids or abets in the
commission of, offences involving a breach of the peace; or
is so desperate and dangerous as to render his being at large without
security hazardous to the community; or
is a member of an unlawful society within the meaning of section 4(1)
of the Societies Act (Cap. 108),
the magistrate may, in the manner hereinafter provided, require that person to
show cause why he should not be ordered to execute a bond, with sureties, for
his good behaviour for such period, not exceeding three years, as the magistrate
thinks fit, or why an order (hereinafter in this Part referred to as a restriction order)
should not be made that he be taken to the district in which his home is situated
and be restricted to that district during a period of three years:
Provided that where a magistrate is of the opinion that, having regard to all the
circumstances of the case, it is desirable that the person be restricted to some
other district he may specify that the person shall be so restricted.
[Act No. 57 of 1955, s. 4, Act No. 25 of 1971, Sch.]
47. Order to be made
When a magistrate acting under section 43, section 44, section 45 or section
46 deems it necessary to require a person to show cause, he shall make an order
in writing setting out—
(a) the substance of the information received;
(b) in the case of a restriction order, the district to which the person
concerned is to be restricted for a period of three years;
(c) in any other case—
(i) the amount of the bond to be executed;
(ii) the term for which it is to be in force; and
(iii) the number, character and class of securities, if any, required.
[Act No. 33 of 1958, s. 3, Act No. 25 of 1971, s. 6.]
48. Procedure in case of person present in court
If the person in respect of whom an order under section 47 is made present in
court, it shall be read over to him or, if he so desires, the substance thereof shall
be explained to him.
49. Summons or warrant in case of person not so present
If the person in respect of whom an order is made under section 47 is not present
in court, the magistrate shall issue a summons requiring him to appear, or, when
the person is in custody, a warrant directing the officer in whose custody he is to
bring him before the court:
Provided that, whenever it appears to the magistrate upon the report of a police
officer or upon other information (the substance of which report or information shall
be recorded by the magistrate) that there is reason to fear the commission of a
breach of the peace, and that a breach of the peace cannot be prevented otherwise
than by the immediate arrest of the person, the magistrate may at any time issue
a warrant for his arrest.
[Issue 1]
C44 - 28
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