(1)
(a) The President of the Court of First Instance of the place of execution of the warrant shall
rule in chambers on the application, after hearing the convict and the proposed surety.
(b) Such a ruling shall not be subject to appeal.
(2)
(a) Where the application is granted, the President shall explain to the surety the consequences of his recognizance and shall request him to sign a document by which he shall undertake to pay the debt or failing that, to be subjected to imprisonment in default in place of the convict on expiry of the time limit provided for in section 560;
(b) After the surety has read and signed the recognizance, the President shall cause the debtor to be released forthwith;
(c) The provisions of section 185 (1) (b) above are applicable if the surety cannot read and write.
(d) Notice of the ruling shall be served forthwith on the Superintendent of Prison and a copy each shall be forwarded to the President and the Legal Department of the court that issued the imprisonment warrant.
(3) Where a surety is not accepted, the convict may make new proposals as many times as he wishes.
(4) Imprisonment resulting from failure of the surety to abide by his obligation, shall be terminated before the expiry of the prescribed period, only when total payment has been made.
Official text
Transcription: Spot-checked
In force from 27-07-2005
Source page 127
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 561 of the Criminal Procedure Code/akn/cm/act/loi/2005-07-27/2005-007
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