CHAPTER XXXIII MISCELLANEOUS

310. Expenses of Complainants and Witnesses.

Subject to any rules made by the Court of Appeal any Criminal Court may if it thinks fit order payment on the part of the Civil Authority of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceedings before such Court under this Code.

311. Power of Court to pay expenses or Compensation out of Fine.

(1) Whenever under any law in force for the time being a Criminal Court imposes a fine, the Court may when passing judgement order the whole or any part of the fine recovered to be applied:-

(a) in defraying expenses incurred in the prosecution;

(b) in compensation for the injury caused by the offence committed, where substantial compensation is in the opinion of the Court recoverable by civil suit;

(c) in compensating an innocent purchaser of any property in respect of which the offence was committed who has been compelled to give it up;

(d) in defraying expenses incurred in medical treatment of any person injured by the accused in connection with the offence.

(2) If the fine is imposed in a case, which is subject to appeal or requires confirmation, no such payment shall be made before the period allowed for presenting the appeal has elapsed or, if an appeal is presented, before the decision of the appeal or before the sentence is confirmed

312. Payments to be taken into Consideration in Subsequent Suit.

At the time of awarding compensation in any subsequent civil suit relating to the same matter the Court shall take into consideration any sum paid or recovered as compensation under section 311.

313. Moneys Ordered to be Recoverable as Fines.

Payment of any money (other than a fine) payable by virtue of any order made under this Code may be enforced as if it were a fine.

314. Copies of Proceedings.

If any person affected by a judgement or order passed by a Criminal Court desires to have a copy of any order or deposition or other part of the record, he shall on applying for such copy be furnished therewith; provided that the application is made within a period of six months from the date of judgement or order affecting the applicant and that he pays such fee for copy as may, from time to time be laid down, unless the Court or the confirming or appellate authority in any case for some special reason directs the copy to be furnished without fee.

315. Power of Police to Seize Property suspected to be Stolen.

Any policeman may seize any property which may be alleged or suspected to have been stolen or which may be found in circumstances, which create suspicion of the commission of any offence. Such policeman, if subordinate to the officer in-charge of a police station, shall forthwith report the seizure to that officer.

316. Powers of Superior Officers of Police.

Any Superior Officer or any other officer of police may exercise the same powers, throughout the local area to which he is appointed, as may be exercised by an officer in charge of a police station without the limits of his station.

317. Compensation to Persons Groundlessly Arrested.

When any person causes the arrest of another person and it appears to a Magistrate of the first or second class by whom the case is inquired into or tried that there was no sufficient grounds for causing such arrest, the Magistrate may in his discretion direct the person causing the arrest to pay to the arrested person or each of the arrested persons, if there are more than one, such compensation not exceeding LS10,000 the Magistrate thinks fit and may award a term of imprisonment not exceeding thirty days in the aggregate in default of payment, and the provisions of section 72 and 73 of the Penal Code shall apply as if such compensation were a fine.

Provided that, before making any such direction the Magistrate shall:-

(a) record and consider any objection which the person causing the arrest, if present, may urge against the making of the direction; and

(b) if he directs any compensation to be paid, state in writing his reasons for awarding the compensation.

NOTE:- Compensation awarded under this section may be recovered as if it were a fine See section 313.

318. Forms.

(1) The forms set forth in the Third Schedule, with such variation as the circumstances of each case require, may be used for the respective purpose therein mentioned and if used shall be sufficient.

(2) The President of the Court of Appeal may from time to time alter or cancel any of the forms set forth in the Third Schedule or may prescribe new forms which shall have effect as if they were included in the Third Schedule or may prescribe new forms which shall have effect as if they were included in the Third Schedule.

319. Power to Make Rules as to Fees.

The President of the Court of Appeal may from time to time make, alter or annual any rules prescribing fees to be charged for any act or thing done under this Code.

320. Case in which Magistrate is Personally Interested.

No Magistrate shall try or commit for trial or sit as a member of a Court which tries any case to or in which he is a party or personally interested without the consent of the County Court Judge or in the case of County Court Judge of the High Court, or in case of the High Court Judge, the Court of Appeal.

EXPLANATION: A Magistrate shall not be deemed to be a party to or personally interested in any case within the meaning of this section by reason only that he is concerned therein in a Public capacity or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred or made or held an inquiry in connection with the case.

321. Public Servant Concerned in Sales not to Purchase or bid for Property.

A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property.

NOTE: See section 160 of the Penal Code.

Given under my hand this . . .. . . day of . . . ….. . . . .. .. . Year, 2003 A.D

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Dr. John Garang deMabior Chairman