Administration of Criminal Justice Law 2022 (as Amended by Administration of Criminal Justice (amendment) Law, 2024)

ADMINISTRATION OF CRIMINAL JUSTICE LAW 2022 (AS AMENDED BY ADMINISTRATION OF CRIMINAL JUSTICE (AMENDMENT) LAW, 2024)

1. Short Title. This Law may be cited as the Administration of Criminal Justice Law 2022 and, except as provided in Part 5 of this Law, shall come into force on the date it receives assent from the Governor of Delta State.

2. Interpretation. In this Law: “Adult” means a person that is 18 years old or above; “Advisory Council” means the Delta State Restorative Justice Advisory Council established by Section 17 of this Law; “Application for parole” has the meaning given to it in Section 704 of this Law; “Asylum” includes a lunatic asylum, a psychiatric or other hospital, a Custodial Centre, and any other suitable place of safe custody of person of unsound mind for medical observation; “Attorney-General” means the Attorney-General and Commissioner for Justice of Delta State; “Board” means the Delta State Parole Board established by Section 689 of this Law; “Charge” means the statement of offence or statement of offences with which a defendant is charged in a trial whether by way of summary trial or trial by way of information before a Court; “Chief Judge” means the Chief Judge of Delta State; “Child” means a person under the age of 18 years; “Committee” means the Administration of Criminal Justice Monitoring Committee; “Community Service Officer” means an official (however described) appointed under this Law to supervise offenders serving community-based sentences; “Controller of Corrections” means the Controller of Corrections of the Nigerian Correctional Service, Delta State Command; “Court” includes the High Courts, the Magistrates Court, Area Court, and any other Court having criminal jurisdiction in the State; “Currency” means coins, notes, and legal tender; “Custodial Centre” means a place under the control of the Nigerian Correctional Services, where individuals sentenced by the Court requiring imprisonment are kept, or those remanded in custody by the Court are kept; “Defendant” means any person against whom a complaint, charge or information is made; “Determinate sentence” means a sentence of imprisonment for a fixed term; “Director of Public Prosecution” means the Director of Public Prosecution in the Ministry of Justice, Delta State; “District” means an area of jurisdiction of a Magistrates Court in the State; “Division” means a judicial division of the High Court of the State within the meaning of the High Court Law; “Electronic” includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic; “Establishment Day” means the day appointed under Section 688 of this Law; “Federation” means the Federal Republic of Nigeria; “Federal law” means any Act enacted by the National Assembly having effect in the Federation or any part thereof, and any Act enacted before 1st October 1960, which under the Constitution of the Federal Republic of Nigeria, 1999 (as altered) has effect with respect to the Federation or any part thereof; “Fine” includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under this Law; “Fixed Penalty Notice” includes but not limited to fines for road traffic offences and environmental offences; “Functions” includes powers and duties; “Future Enactments” mean any enactment passed after the commencement of this Law; “Governor” means the Governor of Delta State; “Guardian” in relation to a child or young person means the parent or other person having lawful custody of the child or young person, and includes any person who, in the opinion of the Court considering any case in which the child or young person is concerned, has for the time being the custody, control over, or charge of such child or young person; “Health assessor” means a medical practitioner who is registered with the Medical and Dental Council of Nigeria as a practitioner of the profession of medicine, and who is a practising psychiatrist or psychologist; “High Court” means the High Court of Delta State; “Indeterminate sentence” means a sentence of imprisonment that is imprisonment for life or a preventive detention; “Indictable offence” means an offence which, on conviction, may be punished by: a term of imprisonment exceeding two years; or a fine exceeding Forty Thousand Naira, not being an offence declared by the Law creating it to be punishable on summary conviction; “Indictment” means the filing of an information against a person in the High Court; Infant means a person who has not attained the age of 7 years. “Judge” means a Judge of the High Court; “Judicial officer” has the same meaning in the Criminal Code Law; “Justice of the Peace” means a person appointed to be a Justice of the Peace under the Magistrates Court Law; “Juvenile offender” means an offender who has not attained the age of 18 years; “Law enforcement agency” includes: the Nigeria Police Force; the Nigerian Security and Civil Defence Corps; the Department of State Services; and any similar agency prescribed by an Act of the National Assembly; Law enforcement officer includes: a police officer; an officer of the Nigerian Security and Civil Defence Corps; an officer of the Department of State Services; and any other similar public officer or class of public officers authorised by an Act of the National Assembly. “Law Officer” has the same meaning in the Criminal Code Law; “Laws of Delta State” means the Laws enacted by the House of Assembly of Delta State or having the effect as if it were a law enacted by the House of Assembly of Delta State, and includes any order, regulation, rule of Court or proclamation made under the authority of such Law; “Legal guardian” in relation to an infant, child, young person, or juvenile offender, means a person appointed, according to law, to be his guardian by deed or will or by order of a Court of competent jurisdiction; “Legal practitioner” means any person entitled to practice as a barrister and solicitor under the Legal Practitioners Act; “Magistrate” means a Magistrate (or other such officer performing similar functions) appointed in accordance with the Laws of Delta State; “Magistrates Court” means a Magistrate’s Court established under the Laws of Delta State; “Medical practitioner” means a health practitioner who is registered with the Medical and Dental Council of Nigeria as a practitioner of the profession of medicine; “Misdemeanour’ is an offence punishable by imprisonment of at least six months, but less than three years, or which is declared by law to be a misdemeanour; “Narcotic drug” has the same meaning as in Section 52 of the National Drug Law Enforcement Agency Act; “NBA” means the Nigerian Bar Association; “Nigerian Correctional Service: means the Delta State Command of the Nigerian Correctional Service; “Nigerian Non-Custodial Service” means the Non-Custodial Service Directorate of the Nigerian Correctional Service; “Non-Association Order” means a restrictive order under which a Court directs a defendant or offender not to have contact with certain persons specified in the order; “Non-Custodial Offence” means an offence that is not punishable by a term of imprisonment; “Offence” means a breach of a Law of Delta State and/or an Act of the National Assembly;

“Officer in charge” includes the officer in charge of a police station or a unit in any other law enforcement agency, or any other officer that acts in the absence of the officer in charge; “Open Court” means a room or place in which a Court sits to hear and determine matters within its jurisdiction, and where the public may have access subject to this Law; “Order” includes any conviction in respect of a summary conviction offence; “Organised criminal group” means a group of individuals with an identified hierarchy or comparable structure engaged in criminal activity; “Parole order” has the meaning given to it in Section 705 of this Law; “Penalty” includes any pecuniary fine, forfeiture, costs, or compensation recoverable or payable under an order; “Place of Safety” includes a suitable place, the occupier of which is willing temporarily to receive an infant, child, or young person; “Plea bargain” means an agreement entered between the prosecution (not including a private prosecutor) and defendant setting out the terms and conditions and the criminal charges on which the defendant will enter a plea of guilty; “Plea discussion” means a discussion held between a prosecutor (not including a private prosecutor) and a defendant or person suspected of committing a crime, for the purpose of arriving at a plea bargain; “Police” has the same meaning as in section 141 of the Nigeria Police Act 2020; “Police officer” has the same meaning as in section 141 of the Nigeria Police Act 2020; “Prosecutor” means the Law Officer who is for the time being conducting the case against the defendant; “Private prosecutor” means a private legal practitioner authorised by the Attorney-General to conduct the case against the defendant; “Psychotropic substance” has the same meaning as in Section 52 of the National Drug Law Enforcement Agency Act; “Reasonable time” is as defined in the Constitution of the Federal Republic of Nigeria, 1999 as altered) for the time being in force; “Registrar” means the Chief Registrar and a registrar of a Court; “Representative” in relation to a corporation, means a person duly appointed by the corporation to represent it to do any act or thing specified by the corporation for the purposes of this Law; “Rules of Court or rules” mean the rules made under Section 729 of this Law, or any rules of criminal procedure operating in the High Court or Magistrates Court before the enactment of this Law; “Sentence expiry date” means the date on which the offender who is subject to the sentence has served its full term and therefore ceases to be subject to it; “Sheriff” means a Sheriff within the meaning of the Sheriffs and Civil Process Act and includes a Deputy Sheriff and any person authorised by the Sheriff or a Deputy Sheriff to execute process of a Court; “Solicitor-General” means the Solicitor-General and Permanent Secretary (whether in a functioning or substantive capacity) in the Ministry of Justice, Delta State; “State” means Delta State of Nigeria; “State Controller” has the same meaning as Controller of Corrections; “Summary conviction offence” means an offence punishable by a High Court or a Magistrates Court on summary conviction and includes any matter in respect of which a High Court or a Magistrates Court can make an order in the exercise of its summary jurisdiction; “Summary Court” means, unless the same is expressly or by necessary implications qualified: a sitting Judge of the High Court presiding over a summary trial; and a Magistrate or an Area Court President sitting to hear and determine any matter within his power and jurisdiction either under the provisions of this Law or any other written law; and the Judge, Magistrate or Area Court President presiding over a summary trial shall be deemed to be a “Court”; “Summary trial” means any trial by a Magistrates Court, an Area Customary Court or a High Court commenced without filing an information; “Superintendent” means the officer in charge of a Custodial Centre; “Superior police officer” has the same meaning as in Section 141 of the Police Act 2020; “Suspect” means a person who has been arrested on the suspicion of committing any offence, and who is yet to be formally charged to Court for that offence; “Victim” (a) means: (i) a person against whom an offence is committed by another person; (ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; (iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii) of this paragraph, unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and (iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapacitated, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and (b) notwithstanding paragraph (a) of this definition, if an offence is committed by a person, victim does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to: (i) that offence; or (ii) an offence relating to the same incident or series of incidents as that offence; “Video link” means an arrangement by which a person can see and hear, and be seen and heard by, the Court when that person is not in the Courtroom; “Written statement on oath” has the meaning given to it in Section 57 of this Law; “Young Person” means a person who has attained the age of 14 years but is under the age of 18 years; (2) Unless the context otherwise requires, all words and expressions used in this Law and defined in the Criminal Code shall have the meanings attributed to them by the Code; (3) References in this Law to any enactment or sections thereof shall include such statute as amended or substituted and any regulations published under it from time to time in effect.

3. The Overriding Objective. (1) The overriding objective of this Law is that criminal cases be dealt with justly and in the shortest possible time. (2) Dealing with a criminal case justly includes: (a) acquitting the innocent and convicting the guilty; (b) dealing with the prosecution and the defence fairly; (c) recognising the rights of a defendant, particularly those under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as altered) and the African Charter on Human and People’s Rights; (d) respecting the interests of witnesses and victims and keeping them informed of the progress of the case; (e) dealing with the case efficiently and expeditiously; (f) ensuring that appropriate information is available to the Court when bail and sentence are considered; and (g) dealing with the case in ways that take into account: (i) the gravity of the offence alleged; (ii) the complexity of what is in issue; (iii) the severity of the consequences for the defendant and others affected; (iv) the needs of other cases; and (v) the general public interest.

4. The duty of participants in applying the Overriding Objective. (1) Each participant, in the conduct of each case, must: (a) prepare and conduct the case according to the overriding objective; (b) comply with this Law, any Rules, Regulations or Practice Directions made under this Law, and directions or orders made by the Court; and (c) immediately inform the Court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by this Law, any Rules, Regulations or Practice Directions made under this Law, or any direction or order of the Court. A failure is significant if it might hinder the Court in furthering the overriding objective. (2) Anyone involved in any way with a criminal case is a participant in its conduct for the purposes of this Law.

5. The application by the Court of the Overriding Objective. The Court must further the overriding objective in particular when: (a) exercising any power given to it by legislation (including this Law); (b) applying any Rule, Regulation or Practice Direction; or (c) interpreting any Rule, Regulation or Practice Direction.

6. Establishment of the Administration of Criminal Justice Monitoring Committee. (1) There is established a body to be known as the Administration of Criminal Justice Monitoring Committee. (2) The Committee shall consists of: (a) a Judge of the State High Court appointed by the Chief Judge, who shall be the Chairperson; (b) the Attorney-General (or his or her representative not below the rank of a Director in the Ministry of Justice) shall be the Alternate Chairperson; (c) the State Commissioner of Police (or his or her representative not below the rank of an Assistant Commissioner of Police); (d) the State Controller of Corrections (or his or her representative not below the rank of an Assistant Controller of Corrections); (e) the State Director of the Department of State Security (or his or her representative not below the rank of an Assistant State Director); (f) the Head of the Legal Aid Council of Nigeria in the State (or his or her representative not below the rank of Director); (g) a practicing lawyer of not less than 10 years post call, who shall: (i) be nominated for appointment by the NBA Branches within the State and (ii) serve on the Committee for 2 years, after which he or she shall be replaced by another NBA nominee; (h) a Chief Magistrate Grade 1 nominated by the Chief Judge; and (i) a representative of a non-governmental or civil society organisation that specialises in advocating for human rights, who shall serve on the Committee for 2 years, after which he or she shall be replaced by another representative. (3) A member of the Committee may resign from office by giving notice in writing to the Chairperson of his or her resignation, and the resignation shall take effect on the day on which the Chairperson receives the notice. (4) Members of the Committee shall be paid such allowances as are applicable to State Boards, Commissions and Agencies.

7. Functions of the Committee. (1) The Committee shall, in addition to the other functions conferred on it by this Law, ensure the effective and efficient application of this Law. (2) Without prejudice to the generality of subsection (1) of this Section, the Committee shall ensure that: (a) criminal matters are expeditiously determined; (b) the congestion of criminal cases in Courts is significantly reduced; (c) the congestion in Custodial Centres is reduced to the barest minimum; (d) persons awaiting trial are, as far as possible, not detained in a Custodial Centre; (e) a cordial relationship exists between the organs responsible for the administration of criminal justice and that those organs cooperate to the maximum extent possible; (f) it collates, analyses and publishes information concerning the administration of criminal justice in the State; (g) it submits quarterly reports to the Chief Judge detailing developments and recommending improvements in criminal justice delivery; and (h) it conducts such other activities as are necessary for the effective and efficient administration of criminal justice.

8. Secretariat of the Committee. (1) There is established for the Committee a Secretariat for the efficient running of its affairs. (2) The Secretariat shall have such number of staff as it considers necessary to run its affairs. (3) The Attorney-General shall appoint a Secretary for the Committee, who shall: (a) be a Law Officer in the Ministry of Justice not below the rank of an Assistant Director; (b) have sound knowledge of the practical functioning of the criminal justice system, and experience in justice system administration; and (c) be responsible for executing the Committee’s policies and running its day-to- day affairs. (4) The Secretary shall hold office for a term of 4 years and may, subject to satisfactory performance of his or her functions, be re-appointed for another term of 4 years and no more. (5) Subject to this Section, the Secretary’s letter of appointment shall specify his or her emoluments.

9. Fund of the Committee. (1) There is established for the Committee a fund into which shall be paid: (a) any budgetary allocation to the Committee through the Ministry of Justice; (b) such monies as may, from time to time, be provided to the Committee by any public, private, or international organisation as a grant, support, or assistance, on terms that are consistent with the Committee’s functions; and (c) such other monies as the Committee may receive in relation to the exercise of its functions under this Law. (2) The Secretary of the Committee shall be the accounting officer for the purpose of controlling and disbursing monies from the Fund established under this Section.

10. Annual Estimates and Accounts. (1) The Secretary shall submit to the Attorney-General not later than 30th September in each financial year, an estimate of the Committee’s expenditure and income for the next financial year. (2) The Committee shall keep proper accounts and records in respect of each financial year and shall cause its accounts to be audited by the Office of the Auditor-General of the State not later than 2 months from the end of each financial year.

11. Annual Report. The Committee shall prepare and submit an annual report in writing to the Chief Judge of its activities during that year.

12. Power to obtain information. (1) To efficiently discharge its functions under this Law, the Committee: (a) shall have a right of access to all the records of any organ in the administration of criminal justice to which this Law applies; and (b) may, by notice in writing served on any person in charge of any such organ, require that person to furnish any information connected with administration of criminal justice that the notice specifies. (2) A person required to furnish information pursuant to subsection (1) of this Section must comply with the notice within the stipulated time.

13. Proceedings and quorum of the Committee. (1) The Committee may make standing orders regulating its proceedings. (2) The quorum of the Committee shall be the Chairperson or the Alternate Chairperson, and two other members of the Committee. (3) Subject to the provisions of the applicable standing order, the Committee shall meet at least once a quarter. (4) At a meeting of the Committee, the Chairperson, or in his or her absence, the Alternate Chairperson, shall preside at the meeting. (5) The validity of proceedings of the Committee is not affected by: (a) a vacancy in the membership of the Committee; or (b) a defect in the appointment of a member of the Committee. (6) A member of the Committee who has a personal interest in any arrangement entered or proposed to be considered by the Committee must: (a) disclose his or her interest to the Committee; and (b) shall not vote on any question relating to the arrangement.

14. Meaning of restorative justice. For the purpose of this Law, restorative justice is an approach to addressing unlawful conduct outside the traditional criminal prosecution process, with the aid of a facilitator, that provides an opportunity for the offender and the victim of the unlawful conduct or other community representatives to collectively seek a resolution that repairs the harm caused by the unlawful conduct and allows the offender to make amends to the victim or the wider community.

15. Timing. Restorative justice programmes may be utilised before or after a person is charged with an offence before a Court.

16. Policies for the use of restorative justice programmes. (1) The Ministry of Justice must, on its own or in collaboration with other government departments or community organisations, develop policies concerning the use of restorative justice programmes. (2) The policies must address the circumstances and process by which a victim or offender may request that a matter be dealt with using a restorative justice programme.

17. Establishment of Advisory Council. The Delta State Restorative Justice Advisory Council is established.

18. Members of the Advisory Council. The Advisory Council shall consists of: (a) The Solicitor-General, who shall serve as Chairperson of the Advisory Council; (b) The Director of Public Prosecutions; and (c) at least 3 but not more than 5 other persons appointed by the Attorney-General, who have: (i) requisite expertise in the study of restorative justice, (ii) experience in delivering restorative justice programmes, or (iii) experience in providing social services or delivering counselling or treatment programmes.

19. Term of office. (1) A person appointed to the Advisory Council under Section 18(c) of this Law may be appointed for a term not exceeding three years. (2) After the term of a person appointed to the Advisory Council under Section 18(c) of this Law expires, the person may continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.

20. Functions of the Advisory Council. The Advisory Council shall provide advice and recommendations to the Attorney-General and the Ministry of Justice on: (a) the design and content of restorative justice programmes; (b) the most effective means of implementing and delivering restorative justice programmes; (c) the monitoring of the effectiveness of restorative justice programmes; and (d) policies under Section 16 of this Law.

21. Studies at Attorney-General's request. (1) The Attorney-General may direct the Advisory Council to conduct a study on a specific issue relating to restorative justice. (2) When the Advisory Council conducts a study at the Attorney-General’s request, it must provide the Attorney-General with a report setting out its findings and any recommendations it may have on the issue.

22. Application of this part (As amended by Section 3 of ADMINISTRATION OF CRIMINAL JUSTICE (AMENDMENT) LAW, 2024) (1) This Part applies to a criminal proceeding that is commenced on or after 24 months from the commencement of the Amendment Law (the transition period); Provided that the Chief Judge may authorise one or more pilot schemes of the Case Management provisions under this Part during the transition period. (2) Except where this Law expressly provides otherwise, this Part applies to the management of each case in the High Court (including an appeal to the High Court) until the conclusion of that case; Provided that a Magistrate may apply any provision in this Part if he considers it expedient to do so.

23. The duty of the court. (1) The Court must further the overriding objective in Section 3 of this Law by actively managing each case. (2) Active case management includes: (a) the early identification of the real issues; (b) the early identification of the needs of witnesses; (c) achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case; (d) monitoring the progress of the case and compliance with orders and directions; (e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way; (f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings; (g) encouraging the participants to co-operate in the progression of the case; and (h) making use of technology. (3) The Court must actively manage the case by giving any order or direction appropriate to the needs of that case as early as possible. (4) Where appropriate video link facilities are available, making use of technology for the purposes of this Law includes directing the use of such facilities, whether an application for such a direction is made or not: (a) for the conduct of a pre-trial hearing, including a pre-trial case management hearing; (b) for the defendant’s attendance at such a hearing: (i) where the defendant is in custody, or where the defendant is not in custody and wants to attend by video link; but (ii) only if the Court is satisfied that the defendant can participate effectively by such means, having regard to all the circumstances including whether the defendant is represented or not; and (c) for receiving evidence under one of the powers to which Sections 51 - 56 of this Law apply (measures to assist a witness or defendant to give evidence). (5) Where appropriate telephone facilities are available, making use of technology for the purposes of this Law includes directing the use of such facilities, whether an application for such a direction is made or not, for the conduct of a pre-trial case management hearing: (a) if telephone facilities are more convenient for that purpose than a video link; (b) unless at that hearing the Court expects to take the defendant’s plea; and (c) only if: (i) the defendant is represented by a lawyer; or (ii) exceptionally, the Court is satisfied that the defendant can participate effectively by such means without a representative.

24. - (1) Each party must: (a) actively assist the Court in fulfilling its duty under Section 23 of this Law, without or if necessary with a Court order or direction; and (b) apply for a Court order or direction if needed to further the overriding objective. (2) Active assistance for the purposes of this Law includes: (a) at the beginning of the case, communication between the prosecutor and the defendant (or the defendant’s legal practitioner) at the first available opportunity and in any event not later than the beginning of the day of the first hearing; (b) after that, communication between the parties and with the Court until the conclusion of the case; (c) by such communication establishing, among other things: (i) whether the defendant is likely to plead guilty or not guilty, (ii) what is agreed and what is likely to be disputed, (iii) what information, or other material, is required by one party of another, and why and (iv) what is to be done, by whom, and when (without or if necessary with a Court order or direction); (d) reporting on that communication to the Court: (i) at the first hearing, and (ii) after that, as directed by the Court; and (e) alerting the Court to any reason why: (i) a direction should not be made in any of the circumstances listed in Section 23(4) or (5) of this Law, or (ii) such a direction should be varied or revoked.

25. Case progression monitors and their duties. (1) At the beginning of the case each party must, unless the Court otherwise directs: (a) nominate someone responsible for progressing that case; and (b) tell other parties and the Court who that person is and how to contact him or her. (2) In fulfilling its duty under Section 23 of this Law, the Court must where appropriate: (a) nominate a Court officer responsible for progressing the case; and (b) make sure the parties know who that officer is and how to contact him or her. (3) A person nominated under this Section is called a case progression monitor. (4) A case progression monitor must: (a) monitor compliance with directions; (b) make sure that the Court is kept informed of events that may affect the progress of that case; (c) make sure that he or she can be contacted promptly about the case during ordinary business hours; (d) act promptly and reasonably in response to communications about the case; and (e) appoint a substitute to fulfil his or her duties if he or she will be unavailable, and inform the other case progression monitors of the substitution.

26. The Court’s case management powers. (1) In fulfilling its duty under Section 23 of this Law, the Court may give any order or direction and take any step actively to manage a case unless that direction or step would be inconsistent with any enactment, including this Law. (2) In particular, the Court may: (a) give an order or direction on its own initiative or on application by a party; (b) ask or allow a party to propose an order or direction; (c) receive applications, notices, representations and information by letter, telephone, video link, email or any other means of electronic communication, and conduct a hearing by video link, telephone or other such electronic means; (d) give a direction: (i) at a hearing, in public or in private, or (ii) without a hearing; (e) fix, postpone, bring forward, extend, cancel or adjourn a hearing; (f) shorten or extend (even after it has expired) a time limit fixed by a direction; (g) require that issues in the case should be: (i) identified in writing, (ii) determined separately, and decide in what order they will be determined; and (h) specify the consequences of failing to comply with a direction. (3) Any power to give a direction under this Part includes a power to vary or revoke that direction. (4) If a party fails to comply with this Law, a rule or a direction, the Court may: (a) fix, postpone, bring forward, extend, cancel or adjourn a hearing; (b) exercise its powers to make a costs order; and (c) impose such other sanction as may be appropriate.

27. Application to vary a court order or direction. (1) A party may apply to vary a Court order or direction if: (a) the Court gave it without a hearing; (b) the Court gave it at a hearing in that party’s absence; or (c) circumstances have changed. (2) A party who applies to vary a direction must: (a) apply as soon as practicable after becoming aware of the grounds for doing so; and (b) give as much notice to the other parties as the nature and urgency of the application permits.

28. Agreement to vary a time limit fixed by a court order or direction. (1) The parties may agree to vary a time limit fixed by a Court order or direction, but only if: (a) the variation will not: (i) affect the date of any hearing that has been fixed; or (ii) significantly affect the progress of the case in any other way; (b) the Court has not prohibited variation by agreement; and (c) the Court’s case progression monitor is promptly informed. (2) The Court’s case progression monitor must refer the agreement to the Court if in doubt that the condition in subsection 28(a) of this Section is satisfied.

29. Case preparation and progression. (1) At every hearing, if a case cannot be concluded there and then, the Court must give directions so that it can be concluded at the next hearing or as soon as possible after that. (2) At every hearing the Court must, where relevant: (a) if the defendant is absent, decide whether to proceed nonetheless; (b) take the defendant’s plea (unless already done); (c) set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing including the trial or (in the High Court) the appeal; (d) in giving directions, ensure continuity in relation to the Court and to the parties’ representatives where that is appropriate and practicable; and (e) where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action. (3) In order to prepare for the trial, the Court must take every reasonable step: (a) to encourage and to facilitate the attendance of witnesses when they are needed; and (b) to facilitate the participation of any person, including the defendant. (4) Facilitating the participation of the defendant includes finding out whether the defendant needs an interpreter because: (a) the defendant does not speak or understand English; or (b) the defendant has a hearing or speech disorder. (5) Where the defendant needs an interpreter: (a) the Court registrar must arrange for an interpreter to be provided at every hearing which the defendant is due to attend; (b) interpretation may be by an intermediary where the defendant has a speech disorder; (c) on application or on its own initiative, the Court may require a written translation to be provided for the defendant of any document or part of a document, unless: (i) translation of that document, or part, is not needed to explain the case against the defendant, or (ii) the defendant agrees to do without and the Court is satisfied that the agreement is clear and voluntary and that the defendant has had legal advice or otherwise understands the consequences; and (d) on application by the defendant, the Court must give any direction which the Court thinks appropriate, including a direction for interpretation by a different interpreter, where: (i) no interpretation is provided; (ii) no translation is ordered or provided in response to a previous application by the defendant; or (iii) the defendant complains about the quality of interpretation or of any translation. (6) Facilitating the participation of any person includes giving directions for the appropriate treatment and questioning of a witness or the defendant, especially where the Court directs that such questioning is to be conducted through an intermediary. (7) Where directions for appropriate treatment and questioning are required, the Court must: (a) invite representations by the parties and by any intermediary; and (b) set ground rules for the conduct of the questioning, which rules may include: (i) directions about the manner of questioning; (ii) directions about the duration of questioning; (iii) if necessary, directions about the questions that may or may not be asked; (iv) directions about the means by which any intermediary may intervene in questioning, if necessary; (v) where there is more than one defendant, the allocation among them of the topics about which a witness may be asked; and (vi) directions about the use of models, plans, body maps or similar aids to help communicate a question or an answer.

30. Ground rules hearing. (1) This Section applies where the Court exercises the powers to which Section 29(5) and (6) of this Law apply. (2) At a pre-trial case management hearing convened for the purpose: (a) the parties and any intermediary must: (i) attend, unless the Court otherwise directs; and (ii) actively assist the Court in setting ground rules and giving directions; (b) the Court must: (i) discuss proposed ground rules and directions with the parties and any intermediary, (ii) set ground rules for the conduct of questioning of the witness or defendant, as applicable, and (iii) give such other directions as may be required to facilitate the effective participation of that witness or defendant. (3) In setting such ground rules and giving such directions, the Court must have regard to: (a) any intermediary’s report; (b) the parties’ representations; and (c) such other information or advice as the Court requires. (4) The ground rules for questioning set by the Court may include any listed in Section 29(6)(b) of this Law.

31. Readiness for trial or appeal. (1) This section applies to a party’s preparation for trial or appeal, and in this section and Section 32 of this Law, ‘trial’ includes any hearing at which evidence will be introduced. (2) In fulfilling the duty under Section 24 of this Law, each party must: (a) comply with orders or directions given by the Court; (b) take every reasonable step to make sure that party’s witnesses will attend when they are needed; (c) make appropriate arrangements to present any written or other material; and (d) promptly inform the Court and the other parties of anything that may: (i) affect the date or duration of the trial or appeal, or (ii) significantly affect the progress of the case in any other way. (3) Unless the Court does not consider it expedient in the circumstances of a given case, the Court shall require a party to give a certificate of readiness for trial as shown in Form 23A or 23B in the First Schedule to this Law.

32. Conduct of a trial or an appeal. In order to manage a trial or an appeal, the Court: (a) must establish, with the active assistance of the parties, what the disputed issues are; (b) must consider setting a timetable that: (i) takes account of those issues and of any timetable proposed by a party, and (ii) may limit the duration of any stage of the hearing; (c) may require a party to identify: (i) which witnesses that party wants to give evidence in person, (ii) the order in which that party wants those witnesses to give their evidence, (iii) whether that party requires an order compelling the attendance of a witness, (iv) what arrangements are desirable to facilitate the giving of evidence by a witness, (v) what arrangements are desirable to facilitate the participation of any other person, including the defendant, (vi) what documentary evidence that party intends to introduce, (vii) what other material, if any, that person intends to make available to the Court in the presentation of the case, and (viii) whether that party intends to raise any point of law that could affect the conduct of the trial or appeal; and (d) may limit: (i) the examination, cross-examination or re-examination of a witness, and (ii) the duration of any stage of the hearing.

33. Duty of Court Registrar. The Court Registrar must: (a) where a person is entitled or required to attend a hearing, give as much notice as reasonably practicable to: (i) that person, and (ii) that person’s custodian (if any); and (b) where the Court gives orders or directions, promptly make a record available to the parties.

34. Court’s power to vary requirements under this part. (1) The Court may: (a) shorten or extend (even after it has expired) a time limit set by this Part; and (b) allow an application or representations to be made orally. (2) A person who wants an extension of time must: (a) apply when serving the requirement for which the application is needed; and (b) explain the delay.

35. Case management discussions and case management memorandum. (1) Before the date to which the proceeding is adjourned for case review, the prosecutor and defendant’s legal practitioner must do the following in compliance with their duty under Section 24 of this Law: (a) engage in case management discussions to ascertain whether the proceeding will proceed to trial and, if so, make any arrangements necessary for its fair and expeditious resolution; and (b) jointly complete a memorandum containing the information specified in Section 37 of this Law (the case management memorandum - Form 22 in the First Schedule to this Law). (2) If two or more charges are to be heard together, a single case management memorandum may be filed in respect of all the charges to be heard together. (3) The case management memorandum must be filed within the time prescribed in rules of Court or, where the rules are silent, within the time set by the Court.

36. Adjourment for case review. If the defendant pleads not guilty to an offence punishable by death or a term of imprisonment, the Court must adjourn the proceeding for case review unless he considers it inexpedient to do so in the circumstances of a given case.

37. Information to be provided in case management memorandum. During a case review, the Court and the parties shall consider the case management memorandum, which must contain the following information: (a) whether the defendant intends to change his or her plea; (b) whether the prosecutor intends to seek leave to amend or withdraw any charges; (c) whether the prosecutor proposes to add a new charge or charges against the defendant; (d) whether the defendant requests a sentence indication under Section 42 of this Law; (e) whether the prosecutor or the defendant, or both, consider that there is a matter (other than one in paragraph (a), (b), or (d) of this Section that requires judicial intervention and, if so, the nature of that matter; (f) notice of any pre-trial applications (other than those referred to in this section) that the prosecutor or the defendant, or both, intend to make; (g) any indication the defendant wishes to give of: (i) any fact that the defendant will, or will not, dispute at the trial, and (ii) any issue that the defendant will, or will not, dispute at the trial or on which the defendant intends to rely at the trial; (h) the number of witnesses proposed to be called, the estimated duration of the trial, and any other information in relation to the management of the trial that is required by rules of Court; and (i) any other information required by rules of Court.

38. Case review. (1) At the case review hearing, the Court must deal with any matter in Section 37(a) to (e) of this Law that has been identified in the case management memorandum. (2) If the defendant is unrepresented, the parties must, as appropriate, inform the Court of the matters specified in Section 37 of this Law. (3) At the case review hearing the Court may adjourn the proceedings for trial. (4) A registrar may exercise the power of the Court under this Section if: (a) the defendant is represented; (b) a case management memorandum has been filed; and (c) according to the case management memorandum: (i) the defendant does not intend to change his or her plea, (ii) the prosecutor does not intend to seek leave to amend or withdraw any charge, (iii) the prosecutor does not propose to add any new charge or charges against the defendant, (iv) the defendant does not request a sentence indication, (v) no party has given notice that it intends to make any other pre-trial application, and (vi) no other matter is identified of a kind described in Section 37(e) of this Law.

39. Court may give directions about case management procedure. (1) If the Court considers that it will facilitate an expeditious resolution of the proceeding, or it is otherwise in the interests of justice, the Court may: (a) authorise or accept a departure from any of the requirements of Sections 36-38 of this Law; or (b) give any other directions in relation to the management of the case. (2) A direction under subsection 39 of this Section may be given on the Court’s own motion or on the application of the prosecutor or the defendant.

40. Court may direct case management procedure for non-custodial offences. (1) If the defendant pleads not guilty to a charge for a non-custodial offence, a Court may, if it considers that it will facilitate an expeditious resolution of the proceeding or it is otherwise in the interests of justice: (a) direct that all or any of the requirements of Sections 36-38 of this Law apply; or (b) give any other directions in relation to the management of the case. (2) A direction under subsection 39 of this Section may be given on the Court’s own motion or on the application of the prosecutor or the defendant.

41. Meaning of sentence indication. A sentence indication is a statement by the Court that, if the defendant pleads guilty to the offence alleged in the charge, or any other specified offence, at that time, the Court would or would not, as the case may be, be likely to impose any of the following on the defendant: (a) a sentence of a particular type or types; or (b) a sentence of a particular type or types within a specified range (for example, periods of time or monetary amounts); or (c) a sentence of a particular type or types and of a particular quantum (for example, periods of time or monetary amounts).

42. Giving sentence indication. (1) A Court may give a sentence indication, but only at the request of the defendant made before the trial. (2) Subject to subsection 3 of this Section, if the defendant requests a sentence indication the Court may give one if it is satisfied that the information available to it at that time is sufficient for that purpose. (3) Without limiting the information that the Court may require before giving a sentence indication, the Court must have the following information before giving a sentence indication of a any kind described in Section 41(c) of this Law: (a) a summary of the facts on which the sentence indication is to be given, agreed on by the prosecutor and the defendant; and (b) information as to any previous conviction of the defendant.

43. Effect of sentence indication. (1) This section applies to a sentence indication given under Section 42 of this Law if the defendant pleads guilty to the offence in respect of which it was given within the period that it has effect. (2) The sentence indication is binding on the Judge or Magistrate that gave it unless: (a) information becomes available to the Court after the sentence indication was given but before sentencing; and (b) the Judge or Magistrate is satisfied that the information materially affects the basis on which it was given. (3) The sentence indication is not binding on a judicial officer other than the Judge or Magistrate who gave the indication.

44. Further provisions relating to giving sentence indication. (1) If the Court proposes to give a sentence indication, the Court may give the prosecutor and the defendant an opportunity to be heard on the matter. (2) A sentence indication must be given in open Court and must be recorded by the Court. (3) A second or subsequent sentence indication may be given in a proceeding only if, since the previous sentence indication, there has been a change in circumstances that is likely to materially affect the question of the appropriate sentence type or quantum.

45. Duration of sentence indication. A sentence indication has effect: (a) until the close of the date specified by the Court; or (b) if no date is specified, until the expiration of 5 working days after the date on which the sentence indication was given.

46. Request for sentence indication not admissible in proceeding. The fact that a defendant made a request for a sentence indication is not admissible in evidence in any proceeding.

47. Court may order admissibility hearing. (1) This section applies if the prosecutor or the defendant: (a) wishes to adduce any particular evidence at a trial (except the voluntariness of a confessional statement under Section 332(5) of this Law; and (b) believes that the admissibility of that evidence may be challenged. (2) The prosecutor or the defendant may apply to the Court for a hearing (an admissibility hearing) to obtain a pre-trial order to the effect that the evidence is admissible. (3) An application under subsection (2) of this Section must be made timeously and, where applicable, within the time prescribed by rules of Court. (4) The Court may grant an admissibility hearing if it is satisfied that: (a) it is more convenient to deal with the issues before the trial and: (i) the evidence raises a complex admissibility issue and the decision about whether it is admissible is likely to make a substantial difference to the overall conduct of the proceeding, or (ii) the outcome of the pre-trial admissibility hearing may obviate the need for a trial; or (5) The Court may grant an admissibility hearing on any terms and subject to any conditions that the Court thinks fit.

48. Admissibility hearing and order that evidence is admissible. (1) The Court at an admissibility hearing must give each party an opportunity to be heard. (2) The Court may make an order that the evidence is admissible. (3) The order may be made on any terms and subject to any conditions that the Court thinks fit. (4) Nothing in this section, or Section 47 of this Law, or in any order made under this section, affects: (a) the right of the prosecutor or the defendant to seek to adduce evidence that they claim is admissible during the trial; or (b) the discretion of the Court at the trial to allow or exclude any evidence in accordance with the Evidence Act or any rule of law.

49. Court may order that certain pre-trial processes apply. (1) The Court to which an application is made under Section 47 of this Law may, to assist the Court to determine whether or not to make an order as to the admissibility of the evidence under Section 48(2) of this Law: (a) make an order requiring any potential witness or witnesses to file a witness statement on oath; or (b) make an order that the evidence of a potential witness be taken orally. (2) Sections 57 and 58 of this Law apply, with necessary modifications, to any order made under this section.

50. Procedure for trial on charge for certain offences. (1) A trial for the offences referred to in subsection (4) of this Section may not, where the Court determines, be held in open Court. (2) The names, addresses, telephone numbers and identity of the victims of such offences or witnesses shall not be disclosed in any record or report of the proceedings and it shall be sufficient to designate the names of the victims or witnesses with a combination of alphabets. (3) Where in any proceedings the Court deems it is necessary to protect the identity of the victim or a witness, the Court may, following an application under Section 52 of this Law, take any or all of the following measures: (a) receive evidence by video link; (b) permit the witness to be screened or masked; (c) receive written deposition of expert evidence; and (d) any other measure that the Court considers appropriate in the circumstance. (4) The provision of this Section shall apply to: (a) offences under Section 208 of this Law; (b) offences under the Delta State Anti-Kidnapping Law and the Delta State Anti- Terrorism and Anti-Cultism Law; (c) offences under the Childs Rights Law; (d) offences under the Violence Against Persons Law; (e) offences relating to Economic and Financial Crimes; (f) trafficking in persons and related offences; and (g) any other offence in respect of which the Law of the State permits the use of such protective measures or as the Judge may consider appropriate in the circumstances. (5) Any contravention of the provisions of subsection (2) of this Section shall be an offence and liable on conviction to a minimum term of one-year imprisonment.

51. Pre-trial witness anonymity order. (1) At any time after a person is charged with an offence, the prosecution or the defendant may apply to a Judge or Magistrate for an order: (a) excusing the applicant from disclosing to the other party before the trial the name, address, and occupation of any witness, and (except with the leave of the judicial officer) any other particulars likely to lead to the witness’s identification; and (b) excusing the witness from stating in any written statement on oath, or in giving oral evidence in accordance with an oral evidence order, his or her name, address, and occupation, and (except with leave of the judicial officer) any other particulars likely to lead to the witness’s identification. (2) The Judge or Magistrate must hear and determine the application in chambers or, if the Judge or Magistrate deems it expedient, through a video link, and: (a) must give each party an opportunity to be heard on the application; and (b) neither the party supporting the application, nor the witness need disclose any information that might disclose the witness’s identity to any person (other than the judicial officer) before the application is dealt with. (3) The Judge or Magistrate may make the order if they believe on reasonable grounds that: (a) the safety of the witness or of any other person is likely to be endangered, or there is likely to be serious damage to property, if the witness’s identity is disclosed before the trial; and (b) withholding the witness’s identity until the trial would not be contrary to the interests of justice. (4) Without limiting subsection (3) of this Section, in considering the application, the Judge or Magistrate must have regard to: (a) the general right of a defendant to know the identity of witnesses; (b) the principle that witness anonymity orders are justified only in exceptional circumstances; (c) the gravity of the offence; (d) the importance of the witness’s evidence to the case of the party who wishes to call the witness; (e) whether it is practical for the witness to be protected prior to the trial by any other means; and (f) whether there is other evidence that corroborates the witness’s evidence.

52. Directions about alternative ways of giving evidence. (1) This section is subject to the Evidence Act. (2) In any proceeding, the Judge or Magistrate may, either on the application of a party or on the Judge’s or Magistrate’s own initiative, direct that a witness is to give evidence in chief and be cross-examined in the ordinary way or in an alternative way as provided in Section 54 of this Law. (3) An application for directions under subsection (2) of this Section must be made to the Judge or Magistrate as early as practicable before the proceeding is to be heard, or at any later time permitted by the Court. (4) A direction under subsection (2) of this Section that a witness is to give evidence in an alternative way, may be made on the grounds of: (a) the age or maturity of the witness; (b) the physical, intellectual, psychological, or psychiatric impairment of the witness; (c) the trauma suffered by the witness; (d) the witness’s fear of intimidation; (e) the linguistic or cultural background or religious beliefs of the witness; (f) the nature of the proceeding; (g) the nature of the evidence that the witness is expected to give; (h) the relationship of the witness to any party to the proceeding; (i) the absence or likely absence of the witness from the State; or (j) any other ground likely to promote the purpose of the Law. (5) In giving directions under subsection (2) of this Section, the Judge or Magistrate must have regard to: (a) the need to ensure: (i) the fairness of the procedure, and (ii) that there is a fair trial; and (b) the views of the witness and: (i) the need to minimise stress on the witness, and (ii) the need to promote the recovery of a complainant from the alleged offence; and (c) any other factor that is relevant to the just determination of the proceeding.

53. Hearing before directions for alternative ways of giving evidence. If an application for directions is made under Section 52 of this Law, before giving any directions about the way in which a witness is to give evidence in chief and be cross- examined, the Judge or Magistrate: (a) must give each party an opportunity to be heard in chambers or, if the Judge or Magistrate deems it expedient, through video link; and (b) may call for and receive a report from any person considered by the Judge or Magistrate to be qualified to advise on the effect on the witness of giving evidence in the ordinary way or any alternative way.

54. Alternative ways of giving evidence. (1) A Judge or Magistrate may direct, under Section 52 of this Law, that the evidence of a witness is to be given in an alternative way so that: (a) the witness gives evidence: (i) while in the Courtroom but unable to see the defendant or some other specified person, or (ii) from an appropriate place outside the Courtroom, either in the State or elsewhere, (iii) by a video record made before the hearing of the proceeding, in which case the Judge or Magistrate must give directions under Section 52 of this Law on the way cross-examination and re-examination of the witness should be conducted, or (iv) by giving his or her evidence-in-chief orally in place of a written statement on oath; (b) any appropriate practical and technical means may be used to enable the judicial officer and any legal practitioner to see and hear the witness giving evidence; (c) the defendant is able to see and hear the witness, except where the Judge or Magistrate directs otherwise; and (d) in a proceeding in which a witness anonymity order has been made, effect is given to the terms of that order. (2) The Judge or Magistrate may admit evidence that is given substantially in accordance with the terms of a direction under Section 52 of this Law, despite a failure to strictly observe all of those terms.

55. Video link directions/Exercise of Court's powers. The Court may decide whether to give a video link direction: (a) at a hearing, in public or in private, or without a hearing; and (b) in a party’s absence, if that party: (i) applied for the direction or discharge, or (ii) has had at least 10 working days in which to make representations in response to an application by another party.

56. Content of application for a video link direction. An applicant for a video link direction must: (a) unless the Court otherwise directs, identify the place from which the witness will give evidence; (b) if that place is in the State, explain why it would be in the interests of the efficient or effective administration of justice for the witness to give evidence by video link; (c) if the applicant wants the witness to be accompanied by another person while giving evidence: (i) name that person, if possible, and (ii) explain why it is appropriate for the witness to be accompanied; and (d) ask for a hearing, if the applicant wants one, and explain why it is needed.

57. Requirement for written statement on oath. (1) A written statement on oath is a statement recorded in any medium by a person who is a potential witness in a criminal proceeding where: (a) the statement contains the evidence of that witness; (b) the statement contains, or is accompanied by, a declaration by the witness that the statement is true and that the witness made it with the knowledge that it is to be used in Court proceedings; and (c) the statement complies with subsections 2 of this Section if applicable. (2) If a written statement on oath under subsection (1)(a) of this Section or a declaration required by subsection 1(b) of this Section is made in written form by a person who cannot read it: (a) the statement or declaration must be read to that person before the person authenticates it; and (b) the reader must attach to the statement or declaration an authenticated statement by that reader to the effect that the statement or declaration was read to the person and that the person to whom it was read appeared to understand its contents.

58. Parties must file written depositions. (1) This section applies to criminal proceedings in the High Court. (2) Subject to subsection (5) of this Section, the prosecutor must file in the trial Court: (a) the written statements on oath that form the evidence for the prosecution that the prosecutor proposes to call at trial, or such part of that evidence as the prosecutor considers is sufficient to justify a trial; and (b) the exhibits referred to in those statements. (3) A written statement on oath is not a precondition for filing an information. (4) Subject to the Chief Judge’s discretion to amend the time through Rules of Court: (a) the prosecutor must file written statements on oath not later than 14 days after the information is filed; and (b) where, at the close of the prosecution’s case, the defendant intends to lead evidence (including evidence from the defendant), he or she must file written statements on oath not later than 14 days after the close of the prosecution’s case. (5) If either party fails to file written statements on oath within the prescribed time, the Court may: (a) unless the Court considers it otherwise prudent, give no more than two extensions of time for filing the written statement on oath, or (b) if appropriate, make directions under Section 52 of this Law for the witness to give evidence in an alternative way. (6) An application under this Section may be made orally.

59. Arrest generally. Unless this Law provides otherwise, the investigation, arrest, trial, inquiry or other dealing of a person accused of or charged with committing an offence established by a Law of the State must be according to the provisions of this Law.

60. Method of making arrest. When making an arrest, a law enforcement officer or private person must touch or confine the body of the person to be arrested, unless the person, by his or her words or actions, submits to the custody of the arresting officer or other person.

61. No unnecessary restraint. No person (including a defendant) should be handcuffed or bound, or otherwise subjected to restraint, unless: (a) there is a reasonable apprehension of violence or an attempt to escape; (b) the restraint is considered necessary for the safety of the person or defendant; or (c) there is a Court order allowing the person or defendant to be restrained.

62. Notification of cause of arrest and rights of suspect. (1) Except where a person: (a) is caught committing an offence; (b) is pursued immediately after committing an offence; or (c) has escaped from lawful custody; the law enforcement officer or private person(s) making the arrest shall immediately inform the person of the reason for the arrest. (2) The law enforcement officer or the private person making the arrest, the official in charge of the place at which the person is detained, must inform the arrested person of his or her rights, and must allow the person to exercise his or her right to: (a) remain silent or avoid answering any question until after consultation with a legal practitioner or any other person that the person freely chooses; (b) consult a legal practitioner of the person’s choice before making, endorsing or writing any statement or answering any question put to the person after arrest; and (c) free legal representation by the Legal Aid Council of Nigeria or the Office of the Public Defender, where applicable; Provided that the arresting authority shall, within 24 hours of the arrest and at no cost to the person: (i) allow the person to make a telephone call to any person of his or her choice, or (ii) notify the person’s next of kin or relative of the person of the arrest.

63. Arrest in lieu prohibited. A person must not be arrested or detained in place of another person that is suspected to have committed an offence.

64. Humane treatment of arrested person. (1) An arrested person must: (a) be accorded humane treatment, having regard to his or her right to human dignity; and (b) not be subjected to any form of torture, cruelty, inhuman or degrading treatment. (2) A person must not be arrested for an alleged civil wrong or breach of contract. (3) A person must be brought before a Court as prescribed by this Law or any other law or, otherwise, released conditionally or unconditionally. (4) A person’s arraignment and trial for an alleged offence must be in accordance with this Law unless this Law states otherwise.

65. Search of arrested person. (1) Where a law enforcement officer or a private person makes an arrest, the officer making the arrest or to whom the private person hands over the arrested person: (a) may search the arrested person using such force as may be reasonably necessary; and (b) must place all articles found on the person in safe custody (except necessary clothing, which must remain with the person). (2) Where an arrested person is released on bail, they shall not, subject to Section 27 of this Law, be searched unless there are reasonable grounds to believe that the person has any of the following in his or her possession: (a) stolen articles; (b) instruments of violence or a poisonous substance; (c) tools connected with the kind of offence which the person is alleged to have committed; or (d) other articles which can be used as evidence against the person regarding the offence which they are alleged to have committed. (3) Where it is necessary to search a person, the search shall be conducted: (a) decently; and (b) by a person of the same sex; unless the urgency of the situation or the due administration of justice makes it impracticable for a person of the same sex to conduct the search. (4) Notwithstanding this section, a law enforcement officer or any private person making an arrest may, in any case, take from the arrested person any instrument of violence or a poisonous substance which the person has on his or her person; Provided that where a person other than a law enforcement officer takes any instrument of violence or a poisonous substance, the person must hand over the instrument or substance to a law enforcement officer at the time he or she hands over the suspect.

66. Inventory of property of arrested person. (1) A law enforcement officer making an arrest, or to whom a private person hands over an arrested person, shall immediately record: (a) information about the arrested person; and (b) an inventory of all items or property recovered from the person. (2) The law enforcement officer and the arrested person must sign an inventory recorded under subsection (1) of this section; provided that any failure of the arrested person to sign the inventory shall not invalidate it. (3) The arrested person, his or her legal practitioner, or such other person as the arrested person may direct, must be given a copy of the inventory. (4) Where any property has been taken from an arrested person under this section, a law enforcement officer may, upon request by either the owner of the property or parties having interest in the property, release such property on a bond pending the arrested person’s arraignment before a Court. (5) Where a law enforcement officer refuses to release the property to the owner or any person having interest in the property under subsection (4) of this section, the officer must make a report to the Court stating the nature and particulars of the property taken from the arrested person and the reason(s) for its retention. (6) The Court to which a report is made under subsection (5) of this section may, if of the opinion that the property or any portion of it can be returned in the interest of justice to the safe custody of the owner or person having interest in the property, direct that the property or any portion of it be returned to the owner or to such person(s) having interest in the property. (7) Where any property has been taken from an arrested person under this section and: (a) the person is not charged with any offence in a Court; (b) the person is released on the ground that there is no sufficient reason to believe that he or she has committed an offence; and (c) there is no reason to believe that the property constitutes or was obtained from the proceeds of crime; the property must be returned to the person upon his or her release. (8) Notwithstanding anything to the contrary in this section, any owner or person having interest in the property that a law enforcement officer has refused to release under subsection (5) of this Section may apply to any Court having jurisdiction for the release of such property.

67. Medical examination of arrested person. (1) Where there are reasonable grounds to believe that the medical examination of a person in lawful custody will yield evidence concerning the commission of an offence, a law enforcement officer may request a qualified medical practitioner to conduct any examination of the person that may be necessary in the circumstances. (2) The officer may use such force as is reasonably necessary to facilitate a medical examination under subsection (1) of this section.

68. Search of place to arrest person. (1) Where a law enforcement officer: (a) is acting under an arrest warrant or otherwise has authority to arrest; and (b) has reason to believe that a person to be arrested has entered or is within any house or place; an adult residing in or in charge of the house or place shall, on demand by the law enforcement officer, allow free access to the house or place and afford all reasonable facilities to search the house or place for the person to be arrested as the circumstances may require. (2) Where an adult residing in or in charge of a house or place refuses a law enforcement officer’s demand for entry under subsection (1) of this section, or there is no adult at the house or place, the officer may: (a) clearly announce his or her authority to enter the house or place to search and arrest the person; and (b) obtain entry of the house or place by breaking open any door or window. (3) Where the person to be arrested enters a house or place that is occupied by a woman whose custom or religion disallows her appearance in public, the person making the arrest must: (a) notify the occupant that she is at liberty to withdraw; and (b) give the occupant every reasonable opportunity to withdraw before entering the house or place; provided that the notice is not necessary where the law enforcement officer making the arrest is also a woman.

69. Power to break out of any house or place. A law enforcement officer or any other person authorised to make an arrest may break out of a house or place to liberate himself or herself, or any other person who, having lawfully entered for the purpose of making an arrest, is detained in the house or place.

70. Arrested person to be taken to police station immediately. (1) A person arrested with or without a warrant shall be immediately taken to a police station or another lawful place for the detention, and must be promptly informed of the allegation against him or her in the language he or she understands. (2) A person who has the custody of an arrested person must give him or her: (a) reasonable facilities to obtain legal advice; (b) access to communication as required under the proviso in section 62(2) of this Law, (c) a full opportunity to meet his or her bail conditions (including further access to communication); and (d) a full opportunity to make arrangements for the person’s defence or release. (3) Except where an arrested person is receiving legal advice, a law enforcement officer must be present during any of the person’s communications under subsection (2) of this section.

71. Record of arrest. (1) Where a person is arrested with or without a warrant and taken to a police station or another lawful place for the detention, the law enforcement officer making the arrest or an officer responsible for recording the arrest must immediately record the following information concerning the person using (or in a form as close as possible to) Form 24 in the First Schedule to this Law: (a) the alleged offence(s); (b) the date and circumstances of the person’s arrest; (c) the person’s full name, occupation, and residential address; (d) for the purpose of identification: (i) the person’s height, (ii) the person’s photograph, (iii) the person’s full fingerprint impressions, and (iv) other means of the person’s identification; (e) any physical marks/ scars on the body of the suspect. (2) The arrest record in subsection (1) of this section must be concluded within 48 hours of the person’s arrest. (3) Any further action in respect of an arrested person must be entered in the person’s arrest record. (4) Where a person arrested with or without a warrant volunteers to make a confessional statement, a law enforcement officer must ensure that the statement is recorded in writing, and must either: (a) provide an audio-visual record of the confession; or (b) where audio-visual facilities are unavailable, ensure that the person makes his or her written confession in the presence of any of the following persons that the person may choose: (i) a legal practitioner, (ii) a legal practitioner of the Legal Aid Council of Nigeria, (iii) a legal practitioner in the Office of the Public Defender, (iv) an official of any Civil Society Organisation, (v) a Justice of the Peace, or (vi) any other individual the arrested person chooses. (5) Any witness mentioned in subsection (4)(b)(i) to (vi) of this Section must endorse his or her name, occupation, address, and signature on the confessional statement. (6) Notwithstanding subsections (4) and (5) of this section, an oral confession and/or audio-visual recording of the oral confession shall be admissible in evidence.

72. Criminal Records Registry. (1) There is established at the Nigeria Police Force Delta State Command, a Criminal Records Registry. (2) Where a Judge or Magistrate convicts or acquits a person under this Law: (a) the Court registrar must forward the judgment to the appropriate Police Division within 14 days of the judgment’s delivery; and (b) the Divisional Police Officer must transmit the judgment to the State Criminal Records Registry within 10 days of receiving it; and (c) the officer that oversees the State Criminal Records Registry must transmit the judgment to the Central Criminal Records Registry, Abuja within 10 days of receiving it. (3) Where: (a) the registrar fails to transmit the judgment to the Divisional Police Officer as required under subsection (2)(a) of this section, the registrar shall be liable to appropriate disciplinary measures by the Judicial Service Commission; or (b) the Divisional Police Officer fails to transmit the judgment to the Central Criminal Registry as required under subsection (2)(b) of this section, the officer shall be liable to disciplinary measures by the appropriate authority. (4) On the first week of every month, the police officer in charge of a police station, or the officer in charge of any agency authorised by an enactment to make and record an arrest, shall forward all the information recorded under section 71(1) of this Law for entry in the Criminal Records Register at the State Police Command. (5) The person arrested or the person’s legal representative shall have access to all the information in the Register regarding the person’s arrest, or information relevant for his or her defence. (6) Where the police officer in charge of a police station or the officer in charge of any agency authorised to make an arrest fails to comply with subsection (4) of this section, the officer shall be liable to disciplinary measures by the appropriate authority. (7) The Officer in Charge of the Legal Unit of the Delta State Command, Nigeria Police Force, shall, on request by the Committee, make all documents and records in the Criminal Records Registry available to the Committee.

73. Recording statements of arrested persons. (1) Where any person arrested for an alleged offence wishes to make a statement, a law enforcement officer shall record the person’s statement. (2) For the purpose of subsection (1) of this Section, the arrested person may make his or her statement in the presence of: (a) a legal practitioner of his or her choice; or (b) a legal practitioner of the Legal Aid Council of Nigeria; (c) a legal practitioner in the Office of the Public Defender; (d) a Justice of the Peace; or (e) any other individual the person chooses; Provided that a witness mentioned in paragraphs (a) to (e) of this subsection shall not interfere while the arrested person is making a statement, except where a legal practitioner is dispensing legal advice to the arrested person. (3) Any witness mentioned in subsection (2)(a) to (e) of this Section must endorse his or her name, occupation, address, and signature on the person’s statement. (4) Where an arrested person does not understand, speak, or write in English language: (a) an interpreter shall record the statement and read it over to the person’s understanding; (b) the person shall endorse the statement as having been made by him or her; and (c) the interpreter shall attest to making the statement.

74. Arrest by law enforcement officer without warrant. (1) A law enforcement officer may arrest a person without a Court order or warrant in the following circumstances: (a) where there are reasonable grounds to suspect that the person has committed any Federal or State offence (including a State other than Delta State), unless the enactment creating the offence provides that the person cannot be arrested without a warrant; (b) where the person commits an offence in the law enforcement officer’s presence; (c) where the person obstructs a law enforcement officer performing his or her duty; (d) where the person has escaped or attempts to escape from lawful custody; (e) where there are reasonable grounds to suspect that the person is in the possession of stolen property, or has committed an offence with reference to the property in his or her possession; (f) where there are reasonable grounds to suspect that the person has deserted any of the Armed Forces of Nigeria; (g) where there are reasonable grounds to suspect that the person has done an act outside the State that constitutes an offence under a Law in the State; (h) where the person is in the possession of any firearm or any offensive or dangerous weapon, or any implement of housebreaking or car theft, and fails to satisfy the law enforcement officer that the said possession is legally justified; (i) where there are reasonable grounds to believe that the person is the subject of an arrest warrant issued by a competent Court, Justice of the Peace or Superior Police Officer in Nigeria; (j) where the person is found in Nigeria taking steps to conceal his or her presence and the law enforcement officer believes that the person is taking such steps with a view to committing an offence; (k) where there are reasonable grounds to believe that the person is taking preliminary steps to commit an offence for which the law enforcement officer may arrest without a warrant, and it appears to the officer that the commission of the offence cannot be otherwise prevented; or (l) where the person is required to appear by a public summons issued under this Law or another enactment. (2) A law enforcement officer’s authority to arrest a person under subsection (1)(b) of this section (an offence committed in the law enforcement officer’s presence) applies even if the Law creating the offence requires the person’s arrest under a warrant.

75. Refusal to give name and residence. (1) Where: (a) a law enforcement officer demands the name and residential address of: (i) a person that commits an offence in the presence of a law enforcement officer, or (ii) a person that is accused of committing an offence triable summarily; and (b) the person refuses to give his or her name and residential address to the law enforcement officer, or gives a name and residential address that the law enforcement officer has reason to believe is false; the law enforcement officer may arrest the person to ascertain his or her name and residential address. (2) Where the law enforcement officer ascertains the person’s true name and residential address, the officer must release the person upon his or her executing a recognisance, with or without sureties, to appear before a Magistrate where required; Provided that where the person is not resident in the State, a surety or sureties resident in the State must secure the recognisance. (3) Where: (a) the law enforcement officer cannot ascertain the person’s true name and residential address within 24 hours from the time of his or her arrest; or (b) the person fails to execute a recognisance or, where required, provide sufficient sureties; the person must be immediately taken to the nearest Magistrate within jurisdiction. (4) Where the person is taken to a Magistrate under subsection (3) of this section but still refuses to give his or her name and/or residential address, the Magistrate may commit the person to a Custodial Centre for a period not exceeding 30 days; Provided that the Magistrate may commit the person to a Custodial Centre for further periods of 30 days where the person still refuses to give his or her name and/or residential address.

76. Arrest by private persons. A private person may arrest anyone in the State who commits an offence in his or her presence, or whom they reasonably suspect of having committed an offence for which a law enforcement officer is entitled to arrest without a warrant.

77. Arrest by owners of property. A person found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or the owner’s employee(s), agent(s) or any other person (however described) that the owner authorises.

78. Arrest of person doing damage to public property. A private person may arrest anyone found damaging public property

79. Handing over person arrested by private individual. (1) A private person who makes an arrest without a warrant shall immediately: (a) hand over the arrested person to a law enforcement officer; or (b) where a law enforcement officer is not available, take the arrested person to the nearest police station or another lawful place for the detention of persons, at which the charge room officer shall make any required entry in the crime diary; and (c) where either paragraph (a) or (b) of this subsection applies, a law enforcement officer must: (i) make a note of the name, address and other particulars of the private person making the arrest, (ii) make a note of the date, time, and other circumstances of the arrest, and (iii) take a written statement on oath from the private person setting out the facts and circumstances of the arrest. (2) Where a private person arrests an individual and hands him or her over to a law enforcement officer: (a) the law enforcement officer must re-arrest the individual and take the records required under Section 71(1) of this Law if there is reason to believe that: (i) the arrested person comes under section 74 of this Law, or (ii) the arrested person has committed an offence; or (b) the law enforcement officer must immediately release the person if there is no reason to believe that he or she has committed a crime. (3) Section 71 of this Law does not apply to this section unless the person arrested and handed over has been re-arrested in accordance with subsection (2)(b) of this section.

80. Prohibition of inhumane treatment by private person. Where a private person makes an arrest under this Law, he or she: (a) may use reasonable force to defend himself or herself; and (b) must not subject the arrested person to any form of physical abuse, inhuman or degrading treatment.

81. Offence committed in presence of Judge or Magistrate. Where a person commits an offence in the presence of a Judge or Magistrate within the Judge’s Division or Magistrate’s District (as the case may be), the Judge or Magistrate may arrest or order the person’s arrest and may commit the person to custody, subject to the provisions of this Law concerning Bail.

82. Arrest by Magistrate. (1) A Magistrate may arrest or direct the arrest of a person in the Magistrate’s presence in circumstances where: the Magistrate could have issued a warrant for the person’s arrest, based on another person’s statement on oath, narrating the same facts known to the Magistrate when making or directing the arrest. (2) Where a person is arrested under either section 79 or 81 of this Law, a Judge or Magistrate that makes or directs the arrest may deal with the arrested person in the same manner as if he or she had been brought to the Judge or Magistrate by or under the directions of another person.

83. Arrest for offence committed in presence of Justice of the Peace. A Justice of the Peace may arrest or direct the arrest of a person committing an offence in his or her presence, and shall hand the arrested person over to a law enforcement officer, in which case section 79 of this Law shall apply with necessary modifications.

84. When public is bound to assist in arrest. A private person is bound to assist a Judge, Magistrate, Justice of the Peace, law enforcement officer or other person reasonably demanding his or her aid in arresting or preventing the escape of another person whom the Judge, Magistrate, Justice of the Peace, police officer or other person is authorised to arrest.

85. Pursuit of person into another jurisdiction. A person authorised under this Law to arrest another person may, for the purpose of making the arrest, pursue that person into any part of Nigeria.

86. Release on bail of person arrested without warrant. (1) Where a person is arrested without a warrant for an offence that is not punishable with death, the officer in charge of the place of the person’s detention shall: (a) inquire into the case; and (b) subject to subsection (2) of this Section, release the person on bail if it will not be practicable to bring him or her before a competent Court within 24 hours after the arrest. (2) The officer in charge of the place of the arrested person’s detention shall release the arrested person on bail if the person enters a recognisance (with or without sureties) for a reasonable sum to appear before a competent Court or at a police station at the time and place named in the recognisance. (3) Where a person is arrested without a warrant for an offence that is punishable with death: (a) the arrested person must be detained in custody; and (b) the officer in charge of the place of the person’s detention shall: (i) refer the case file to the Attorney-General for a legal advice, and (ii) ensure that the arrested person is taken before a competent Court within a reasonable time.

87. Power to release on bail before charge is accepted. (1) Where: (a) a person is taken into custody; and (b) the officer in charge of the place of the person’s detention believes that the inquiry into the case cannot be completed immediately; the officer may discharge the person upon his or her entering a recognisance (with or without sureties) for a reasonable sum to appear before a competent Court or at a police station at the time and place named in the recognisance unless the person receives a notice that his or her attendance is not required. (2) A recognisance under subsection (1) of this section may be enforced as if it was conditional on the arrested person’s appearance before a Magistrates Court or a police station named in the recognisance.

88. - (1) Where a person is: (a) arrested without a warrant for an offence that is not punishable with death; and (b) not released on bail within 24 hours after the arrest; the arrested person (or his or her representative) may apply to a competent Court for his or her release on bail. (2) Where an application is made under subsection (1) of this Section, the Court shall: (a) order the arrested person’s production; (b) inquire into the circumstances of the person’s detention; and (c) where the circumstances justify it, grant bail to the arrested person. (3) An application for bail under this section may be made orally or in writing.

89. Quarterly report of arrests to the Attorney-General. (1) The Commissioner of Police and the head of every agency authorised by an enactment to make arrests within the State shall remit quarterly to the Attorney-General a record of all arrests made with or without a warrant concerning State offences or arrests within the State. (2) The report shall include the full particulars of arrested persons prescribed under section 71 of this Law. (3) A register of arrests containing the particulars prescribed in section 71 of this Law: (a) shall be kept in the prescribed form at every police station or agency authorised by an enactment to make arrests; and (b) the officer in charge of the police station or agency must record every arrest (with or without a warrant) in the register as soon as the arrested person is brought to the station or agency. (4) The Attorney-General shall establish an electronic and manual database of all records of arrests in the State.

90. Police to report to supervising Magistrate. (1) On the last working day of each month, the officer in charge of a police station or an agency authorised by an enactment to make arrests shall submit a report to the nearest Magistrate showing the cases of all persons arrested within his or her area of operation without a warrant, irrespective of whether the person has been granted bail or not. (2) A report submitted under subsection (1) of this section must include the information stated in section 71 of this Law. (3) On receiving a report under subsection (1) of this Section, the Magistrate shall forward it to the Committee, which shall analyse it and advise the Attorney-General on arrest trends, bail, and related matters. (4) The Attorney-General shall make the report available to the National Human Rights Commission, the Legal Aid Council of Nigeria, or a Non-Governmental Association upon request. (5) Where a Magistrate does not receive any reports under subsection (1) of this section, the Magistrate shall forward a report to the Chief Judge and the Attorney-General for appropriate remedial action. (6) All officers of the Delta State Traffic Management Authority shall submit the following reports to the Attorney-General not later than one week from the relevant event: (a) all arrests made for the traffic offences; (b) any person arrested for a traffic offence that elects to waive his or her right to a Court trial by paying the prescribed fine for the offence; and (c) any persons convicted for a traffic offence.

91. Chief Magistrate to visit police station every month. (1) At least once every month: (a) a Chief Magistrate; or (b) where there is no Chief Magistrate within a Police Division, any Magistrate delegated by the Chief Judge; shall inspect the police stations and other places of detention (except Custodial Centres) within the Magisterial District. (2) During an inspection, the Magistrate may: (a) call for, and inspect the record of arrests; (b) direct the arraignment of a suspect; and/or (c) where bail has been refused, grant bail to any person where appropriate and if the offence for which the person is held is within the Magistrate’s jurisdiction. (3) An officer in charge of a police station or official in charge of an agency authorised by an enactment to make arrests shall make the following available during the Magistrate’s visit under subsection (1) of this section: (a) the full record of arrest and record of bail; (b) applications and decisions on bail made within the period; and (c) any other information or facility the Magistrate requires to exercise his powers under this section. (4) Regarding other Federal Government agencies authorised to make arrests, the most senior High Court Judge in the Division in which the agency is located, or any other Judge the Chief Judge designates, shall visit the detention facilities and subsections (1), (2) and (3) of this section shall apply with necessary modifications. (5) A law enforcement officer’s failure to comply with subsection (3) of this section shall constitute misconduct and shall be dealt with under the disciplinary procedures applicable to the officer. (6) A Magistrate or Judge’s failure to comply with their respective inspection obligations under this section shall constitute misconduct and shall be dealt with under the disciplinary procedures applicable to the Magistrate or Judge.

92. Returns by State Controller of Corrections. (1) The State Controller of Corrections shall make returns to the Chief Judge and Attorney-General every ninety days of all persons awaiting trial held in custody within the State beyond 180 days from the date of arraignment. (2) The returns under subsection (1) of this section shall be in a prescribed form and shall include: (a) the name and passport photograph of person awaiting trial; (b) the date(s) of the person’s arraignment or remand; (c) the date(s) of the person’s admission to custody; (d) particulars of the offence with which the person is charged; (e) the Court before which the person was arraigned; (f) the name of the prosecuting agency; and (g) any other relevant information. (3) On receiving the returns, the Chief Judge and Attorney General must each consider the overriding objective in Section 3 of this Law and take such steps that are necessary to reduce the number of persons in custody and awaiting trial.

93. Law enforcement officer to prevent offences and injury to public property. (1) A law enforcement officer may intervene to prevent and shall, to the best of his or her ability, prevent the commission of an offence. (2) A law enforcement officer may use his or her authority to prevent any injury to any public property, landmark or other object, attempted in his or her presence.

94. Information of plan to commit offences. A law enforcement officer that receives information of or discovers a plan to commit any offence must communicate the information to the official to whom that officer reports, and to any other officer whose duty it is to prevent the commission of the offence.

95. Arrest by law enforcement officer to prevent offence. Notwithstanding the provisions of this Law or any other enactment concerning arrest, a law enforcement officer may, upon a reasonable suspicion of a plan to commit an offence, arrest the person planning to commit the offence without orders from a Magistrate and without a warrant, if it appears to the officer that the commission of the offence cannot otherwise be prevented.

96. Prevention by other public officers of offences and injury to public property. (1) A Judge, Magistrate, or any other public officer responsible for maintaining law and order may intervene to prevent and shall, to the best of their ability, prevent: (a) the commission of an offence for which he or she is authorised to arrest without a warrant; or (b) any damage to any public property of any nature or description. (2) A person is bound to assist a Judge, Magistrate, law enforcement officer, or any other public officer reasonably demanding his or her assistance to: (a) prevent and shall, to the best of his or her ability, prevent: (i) the commission of an offence for which he or she is authorised to arrest without a warrant, or (ii) any damage to any public property of any nature or description; (b) supress a breach of the peace or prevent any damage to any property, of any nature or description, or to any railway, canal, water supply, telecommunication system, oil pipelines or installations, or electrical installation; or (c) prevent the removal of any public landmark, buoy or other mark used for navigation.

97. Power of Magistrate to require recognisance for keeping peace. (1) Where a magistrate receives information on oath that a person is likely to: (a) commit a breach of the peace or disturb the public tranquillity; or (b) do any wrongful act that may probably cause a breach of the peace or disturb the public tranquillity; the Magistrate may require the person to show cause why he or she should not be ordered to enter a recognisance as provided under this Part, with or without sureties, for keeping the peace for such period as the Magistrate thinks fit, not exceeding one year. (2) The Magistrate shall not entertain proceedings under this section unless the person is: (a) within the State, and (b) subject to the information received under subsection (1) of this section, within: (i) the Magistrate’s jurisdiction, or (ii) the place where the breach of the peace or disturbance has occurred.

98. Security for good behavior of suspected persons. Where a Magistrate receives information on oath that: (a) a person is taking steps to conceal his or her presence within the Magistrate’s jurisdiction; and (b) there is reason to believe that the person is taking the steps under paragraph (a) of this Section with a view to committing an offence; the Magistrate may require the person to show cause why he or she should not be ordered to enter a recognisance as provided under this Part, with sureties, for his or her good behaviour for such period as the Magistrate thinks fit, not exceeding one year.

99. Surety for good behavior for habitual offender. Where a Magistrate receives information on oath that a person within the Magistrate’s jurisdiction: (a) is, by habit, an armed robber, a housebreaker, or a thief; (b) is, by habit, a rapist or defiler given to violence or domestic violence; (c) is, by habit, a receiver of stolen property, knowing the same to have been stolen; (d) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; (e) habitually commits or attempts to commit, or aids or abets the commission of any offence relating to property; (f) habitually commits or attempts to commit, or aids or abets the commission of any offence involving a breach of the peace; or (g) is so desperate or dangerous as to render his or her being at large without security hazardous to the community; the Magistrate may require the person to show cause why he or she should not be ordered to enter a recognisance as provided under this Part, with sureties, for his or her good behaviour for such period as the Magistrate thinks fit, not exceeding one year.

100. Order to be made. Where a Magistrate acting under Section 98, 99 or 101 of this Law considers it necessary to require a person to show cause under the applicable section, the Magistrate must make an order in writing setting out: (a) the substance of the information received; (b) the amount of the recognisance to be executed; (c) the term for which the recognisance should be in force; and (d) the number, character, and class of sureties, if any, required.

101. Procedure on request of person present in court. Where: (a) a Magistrate orders a person to show cause why he or she should not enter a recognisance to keep the peace or for his or her good behaviour; and (b) the person is present in Court; the order shall be read over to the person or, if the person so desires, the substance of the information received shall be explained to him or her.

102. Summons or warrant in case of absent person. (1) Where: (a) a Magistrate orders a person to show cause why he or she should not enter a recognisance to keep the peace or for his or her good behaviour; and (b) the person is absent from Court; the Magistrate shall issue a summons requiring the person to appear, or, where the person is in custody, a warrant directing the officer in whose custody the person is to bring him or her before the Court. (2) Where, based on a report by a law enforcement officer or other credible information (the substance of which the Magistrate must record), a Magistrate finds that: (a) there is reason to fear the commission of a breach of the peace; and (b) only the immediate arrest of a person can prevent the occurrence of the breach of the peace; the Magistrate may, at any time, issue a warrant for the person’s arrest.

103. Copy of order under section 100 to accompany summons or warrant. A summons or warrant of arrest issued under Section 102 of this Law shall be accompanied by a copy of the order made under Section 100 of this Law, and the copy shall be delivered by the officer serving or executing the summons or warrant to the person served with the summons or arrested under the warrant.

104. Power to dispense with personal attendance. A Magistrate may, where the Magistrate sees sufficient cause, dispense with the attendance of a person called to show cause why he or she should not be ordered to enter a recognisance to keep the peace or for his or her good behaviour, and may permit the person to appear through a legal practitioner.

105. Inquiry as to truth of information. (1) Where an order under section 100 of this Law has been read or explained to a person in Court under section 101 of this Law, or where the person appears or is brought before a Magistrate in compliance with or in execution of a summons or warrant issued under section 102 of this Law, the Magistrate must proceed to inquire into the truth of the information on which the action has been taken and may take such further evidence as may appear necessary. (2) To the greatest extent possible, the inquiry shall be made in the manner prescribed in this section for conducting trials and recording evidence, except that the standard of proof shall be on a preponderance of evidence. (3) If, pending the completion of the inquiry under subsection (1) of this section, the Magistrate considers that immediate measures are necessary for the prevention of: (a) a breach of the peace or disturbance of the public tranquility; or (b) the commission of any offence or any compromise of the public safety; the Magistrate: (i) may direct the person in respect of whom the order under section 100 of this Law applies to enter a recognisance (with or without sureties) for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and (ii) may remand the person in custody until the recognisance is entered or, in default of execution, until the inquiry is concluded. (4) For the purposes of subsection (3) of this section: (a) a person against whom proceedings are not being taken under section 98 of this Law shall not be directed to enter a recognisance for maintaining good behavior; (b) the conditions of the recognisance, whether as to the amount, provision of sureties, number of sureties, or the extent of their pecuniary liability, shall not be more onerous than those specified in the order under section 100 of this Law; and (c) a person shall not be remanded in custody under the powers conferred by this section for a period exceeding fifteen days at a time. (5) For the purposes of this section, evidence of general repute or otherwise may establish the fact that a person comes within the provisions of section 99 of this Law. (6) Where two or more persons are associated in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate thinks fit.

106. Order to give security. (1) Where an inquiry under section 105 of this Law shows that it is necessary to keep the peace or maintain good behaviour (as the case may be) and that the person in respect of whom the inquiry is made should enter a recognisance, with or without sureties, the Magistrate shall make an order accordingly, but: (a) a person shall not be ordered to give security different from, or of an amount larger than, or for a period longer than that specified in the order under section 100 of this Law; (b) the amount of a recognisance shall be fixed with due regard to the circumstances of the case and shall not be excessive; and (c) where the person in respect of whom the inquiry is made is a child, the recognisance shall be entered as provided in section 262 of this Law or relevant provision of the Child Rights Law. (2) A person ordered to give security for good behaviour under this section may appeal the decision to the High Court.

107. Discharge of person informed against. Where an inquiry under section 105 of this Law does not show that it is necessary to keep the peace or maintain good behaviour (as the case may be) or that the person in respect of whom the inquiry is made should enter a recognisance, the Magistrate shall make an entry on the record to that effect, and shall: (a) order the person’s release if the person has been in custody only for the purpose of the inquiry; or (b) discharge the person if the person is not in custody.

108. Forfeiture on conviction. (1) Where a defendant or surety enters a recognisance to keep the peace and be of good behaviour and a Court finds, on proof, that the defendant has been convicted of an offence that breaches a condition in the recognisance, the Court may order: (a) the forfeiture of the recognizance; and (b) any person bound by the recognisance (whether as defendant or surety) to pay the sums required of him or her under the recognisance. (2) For the purposes of subsection (1) of this Section, and subject to the provisions of the Evidence Act, a Court may accept a certified true copy of a judgment convicting a defendant as proof that the defendant committed the offence, until the contrary is proved.

109. Commencement of period for which security is required. (1) Where a person in respect of whom an order requiring security is made under section 100 of this Law is, at the time the order is made, sentenced to or undergoing a sentence in a Custodial Centre, the period for which the security is required shall commence on the expiration of the sentence. (2) In other cases, the period shall commence on the date of the order unless the Court fixes a later date for sufficient reason.

110. Conditions of recognisance. Where a person enters a recognisance under section 100 of this Law: (a) the recognisance shall bind the person to keep the peace or be of good behaviour (as the case may be); and (b) it shall be a breach of the recognisance if the person subsequently commits, attempts to commit, aids, abets, counsels, or procures the commission of an offence anywhere in the State during the continuance of the recognisance.

111. Power to reject sureties. Except on grounds of gender, a Court may refuse to accept a surety offered under any of the preceding sections if, for reasons recorded by the Court, the surety is an unfit person.

112. Procedure on failure of person to give security. Where: (a) a Court orders a person to give security; and (b) the person fails to give the required security on or before the date the recognisance period commences; the person shall, except in the case mentioned in section 100 of this Law, be committed to a Custodial Centre until the recognisance period expires or until the person gives the security to the Court that made the order requiring it.

113. Power to release person imprisoned for failure to give security. Where a Court is satisfied that the release of a person committed to a Custodial Centre for failing to give security will not be hazardous to the community, the Court may order the person to be released; Provided that the person’s release shall not cancel the recognisance unless the Court directs otherwise.

114. Power of High Court to cancel recognisance. The High Court may cancel any recognisance for keeping the peace or for good behaviour made by any lower Court if there are sufficient reasons to do so and the Court records those reasons in writing.

115. Discharge of sureties. (1) A surety that guarantees another person’s peaceful conduct or good behaviour under a recognisance in this Part may apply to a Court within the same District or Division as the ordering Court to discharge the recognisance. (2) Where a Magistrate is satisfied that there is good reason to grant an application under subsection (1) of this section, the Magistrate shall issue a summons or warrant (as the Magistrate thinks fit) requiring the person bound to keep the peace or be of good behaviour to appear before the Court. (3) Where the person bound to keep the peace or be of good behaviour appears or is brought before a Magistrate, the Magistrate may, after hearing the person, discharge the recognisance and order the person to give fresh security for the unexpired residue of the recognisance, commensurate with the original security. (4) An order made under subsection (3) of this section shall, for the purposes of sections 109, 110, 111 and 112 of this Law, be deemed to be an order under section 100 of this Law.

116. Conditional order for removal of nuisance. Where, based on a report by a law enforcement officer or other credible information, a Court believes that there is an ongoing committal of an offence relating to public nuisance, the Court may make a conditional order requiring the person(s) committing the offence to: (a) cease committing the offence and remove the cause of the nuisance within a time and in the manner the order specifies; or (b) appear before the Court at a time and place the order specifies and apply to have the order set aside or modified in the manner set out in this Part.

117. Service of order. (1) An order made under section 116 of this Law shall, if practicable, be served on the person against whom it is made in the same way as the service of a summons. (2) If an order made under section 116 of this Law cannot be served on the person against whom it is made using the procedure in subsection (1) of this section, the Court registrar may serve it on the person: (a) through a registered courier service addressed to the person’s last known address; or (b) where the person’s address is unknown, by affixing a notice in a conspicuous place as close as possible to the place at which the nuisance or offence is being committed.

118. Person to whom order is addressed must obey order or appear. A person against whom an order under section 116 of this Law is made must: (a) comply with the order within the time and in the manner the Court specifies; or (b) appear in accordance with the order and apply to have it set aside or modified.

119. Consequences of failure to obey order or appear before the court. Where a person against whom an order under section 116 of this Law is made fails to comply with the order or appear and apply to have the order set aside or modified, the person is liable: (a) where the act offends public safety, to a fine of N100,000.00 (One Hundred Thousand Naira) for an individual and N1,000,000.00 (One Million Naira) in case of a corporate body or imprisonment for a term of six months; or (b) where the act threatens human life, to a fine of N200,000.00 (Two Hundred Thousand Naira) for an individual and N2,000,000.00 (Two Million Naira) in case of a corporate body or imprisonment for a term of twelve months.

120. Procedure when person appears. (1) Where a person against whom an order under section 116 of this Law is made appears in Court and applies to set aside or modify the order, the Court shall take evidence in the matter in the same manner as in a summary trial. (2) Where the Court is: (a) satisfied that the order, with or without modification, is reasonable and proper, it shall make it absolute with such modification, if any, as the Court thinks fit; or (b) not satisfied that the order is reasonable and proper, it shall vacate the order.

121. Consequences of disobedience to order made absolute. Where, under section 120(2) of this Law, a Court confirms an order made under section 116 of this Law and the person against whom it is made does not comply with the order within the time and/or in the manner the Court specifies, the Court may enforce the performance of the order and recover the cost of performing it by either: (a) the sale of any building, goods or other property removed by a Court order; or (b) the seizure and sale of any other movable property owned by the person following the procedure this Law prescribes for the recovery of a fine.

122. Order pending inquiry. (1) Where the Court making an order under section 116 of this Law considers that immediate measures should be taken to prevent a serious and imminent danger or injury to the public, it may issue such further order(s) necessary to remove or prevent the danger or injury pending the determination of the matter. (2) If there is a default of any further order made under subsection (1) of this section, or if it is not possible, after exercising due diligence, to immediately serve the further order on the person to whom it is directed, the Court may use or cause to be used such means as it thinks necessary to remove the danger or to prevent the injury.

123. Prohibition of repetition or continuance of nuisance. A Court may, in any proceedings under this Part or in any criminal proceedings in respect of a public nuisance, order any person not to repeat or continue the public nuisance.

124. General authority to issue warrant. Where a Law confers authority to arrest a person without warrant, an arrest warrant may nevertheless be issued for the person’s arrest.

125. Form and requirements of arrest warrant. (1) An arrest warrant issued under this Law, unless the contrary is expressly provided under another enactment, must: (a) state the date on which it is issued; (b) contain all necessary particulars, including those mentioned in subsection (2) of this section; and (c) be signed by the Judge or Magistrate that issued the warrant. (2) An arrest warrant must: (a) concisely state the offence or matter for which it is issue; and (b) name or otherwise describe the person to be arrested; and (c) order a law enforcement officer or all law enforcement officers to arrest and bring a person before the Court to: (i) answer a complaint or statement, (ii) testify, or (iii) otherwise, be dealt with according to the circumstances of the case, and to be further dealt with according to Law.

126. Warrant only issued on complaint on oath. An arrest warrant must not be issued in the first instance in respect of any complaint or statement unless the complaint or statement is on oath either by the complainant or a material witness.

127. Warrant may be issued on any day. An arrest warrant may be issued on any day, including a Sunday or public holiday.

128. Duration of warrant and executing officer. (1) An arrest warrant may be directed to a law enforcement officer by name or to all officers of a law enforcement agency. (2) It is not necessary to make an arrest warrant returnable at any particular time and a warrant shall remain in force until it is executed or until a Judge or a Magistrate (as the case may be) cancels it. (3) Where an arrest warrant has been executed and the person arrested has been released, the warrant shall no longer be a valid authority to re-arrest the person.

129. Warrant of arrest may be directed to another person in exceptional cases. (1) Where an arrest warrant requires immediate execution but no law enforcement officer is immediately available to execute it, the issuing Court may direct the warrant to another person or persons for execution. (2) Where the Court directs any person to execute a warrant under subsection (1) of this section, that person shall have all the legal powers, rights, privileges, protection, duties, and obligations of a law enforcement officer for the purpose of executing the warrant.

130. Public summons for person absconding. Where, after receiving evidence or not, a Court has reason to believe that: (a) a competent authority has issued an arrest warrant against a person; and (b) the person has absconded, is about to abscond or is concealing himself or herself for the purpose of evading justice; the Court may publish a public summons requiring that person to appear at a specific place and time, not less than thirty days from the date of publishing the public summons.

131. Publication of public summons. (1) A public summons must be published in at least one of the following ways: (a) in a newspaper that enjoys wide circulation or circulated in any other appropriate medium; (b) by affixing it to a conspicuous part of the house or premises, or a conspicuous place in the town or village in which the person ordinarily resides; or (c) by affixing a copy to a conspicuous part of the building of a High Court or Magistrate’s Court. (2) A written statement from the High Court or Magistrate that the public summons was duly published on a specified day shall be conclusive evidence that this section has been complied with and that the public summons was published on the specified day.

132. Execution of warrant and procedure. (1) An arrest warrant may be executed on any day, including a Sunday or public holiday (2) Except within a Courtroom while a Court is in session, a law enforcement officer may execute an arrest warrant: (a) at any time; and (b) in any place within any State. (3) The law enforcement officer executing a warrant to arrest a person must inform the person that there is a warrant for his or her arrest, unless there is reasonable ground to believe that giving the information will lead to the person’s escape, resistance, or rescue. (4) A person arrested under a warrant shall, subject to the provisions of the Constitution and sections 132, 133 and 134 of this Law, be brought before the Court that issued the arrest warrant.

133. Power to arrest on warrant without the warrant. A law enforcement officer may execute a warrant even if the officer does not have physical possession of the warrant at the time of its execution, provided that, if the person arrested requests, the warrant must be shown to him or her as soon as is practicable after the arrest.

134. Court may direct particulars of security to be taken on execution of warrant. (1) When issuing a warrant to arrest a person for an offence other than one punishable by death, a Court may, if it thinks fit by endorsement on the warrant, direct that the person named in the warrant be released on bail by entering such recognisance for his or her appearance as the Court may specify in the endorsement (2) Any endorsement under subsection (1) of this section must specify: (a) the number of sureties; if any, (b) the amount in which the sureties (if any) and/or the person named in the warrant are to be bound or are to provide as cash security; (c) the Court before which the arrested person must attend; and (d) the time at which the person must attend, including an undertaking to appear at any subsequent time that the Court directs. (3) Where an endorsement is made on the warrant, the officer in charge of a police station to which the arrested person is brought shall release the person: (a) on his or her entering a recognisance as stated on the endorsement (with or without sureties approved by that officer); and (b) the fulfilment of the conditions for his or her appearance before the Court and at the time and place named in the recognisance. (4) Where a security is taken under this section, the officer who takes the recognisance shall forward it (or ensure that it is forwarded) to the Court before which the person named in the recognisance is bound to appear. (5) Subject to section 135 of this Law, subsections (3) and (4) of this section shall not apply to a warrant executed outside the State.

135. Procedure on arrest of person outside division or district of court issuing warrant in the State. (1) In this section: (a) Issuing Court means the Court in the State that issued the warrant of arrest; and (b) Arresting jurisdiction Court means the Court located in a jurisdiction outside the State, in which the subject of warrant was arrested. (2) Where an arrest warrant is executed in a State outside the issuing Court’s jurisdiction, the arrested person shall, unless security is taken under section 134 of this Law, be taken before the Court within the Division or District in which the arrest was made (the arresting jurisdiction Court). (3) Where the arresting jurisdiction Court is satisfied that the person arrested is the subject of the warrant, it shall direct the person’s transfer in custody to the issuing Court. (4) Notwithstanding subsection (3) of this section, where the person is arrested for an offence not punishable by death and the arresting jurisdiction Court is satisfied that: (a) the person is ready and able to meet bail conditions within the arresting Court’s Division or District; or (b) where the issuing Court has endorsed the warrant under section 134 of this Law and the person is ready and able to give the security the endorsement required; the arresting jurisdiction Court shall grant bail or take the security (as the case may be) and forward the recognisance (if any) to the issuing Court. (5) Nothing in this section is deemed to prevent a law enforcement officer from taking the security under Section 134 of this Law.

136. Warrant issued by the High Court. (1) Any High Court in the State can issue an arrest warrant. (2) A warrant issued under this section may be executed in accordance with section 134 of this Law.

137. Re-arrest of person escaping. Where a person in lawful custody escapes or is rescued, the person from whose custody he or she escapes or is rescued, or any other person, may pursue and re-arrest the escaped or rescued person in any place in Nigeria.

138. Provisions of sections 68 and 69 to apply to arrest under section 137. Sections 68 and 69 of this Law shall apply to arrests under section 137 of this Law, even if the person making the arrest is not acting under a warrant and is not a law enforcement officer with authority to arrest.

139. Application for Search warrant. (1) Where a law enforcement officer is investigating an offence, the officer may apply to a Judge, Magistrate or Justice of the Peace, whose authority covers the place of the intended search, to issue a search warrant. (2) An application for a search warrant must contain, in reasonable detail, the following particulars: (a) the name of the applicant; (b) the grounds on which the application is made; (c) the address or other description of the place, vehicle, or other thing proposed to be entered, or entered and searched, inspected, or examined; and (d) a description of the item or items or other evidential material believed to be in or on the place, vehicle, or other thing that are sought by the applicant. (3) A Judge, Magistrate or Justice of the Peace to whom the application is made: (a) may require the applicant to supply further information concerning the grounds on which the search warrant is sought; and (b) must not, in any circumstances, require the applicant to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, such information is necessary for the Court or a Justice of the Peace to assess either or both of the following: (i) the credibility of the informant, and (ii) whether there is a proper basis for issuing the warrant.

140. Issue of search warrant. (1) An application for a search warrant must be in writing and must contain or be accompanied by a statement on oath by the applicant confirming the truth and accuracy of the contents of the application. (2) Where a Judge, Magistrate or Justice of the Peace is satisfied that the application discloses reasonable ground for believing that there is in any building, place, vehicle, ship, aircraft, or other thing: (a) anything concerning which any offence has been or is suspected to have been committed; (b) anything which there is reasonable ground for believing will provide evidence as to the commission of an offence; or (c) anything which there is reasonable ground for believing is intended to be used for the purpose of committing an offence; the Judge, Magistrate or Justice of the Peace may, at any time, issue a warrant authorising an officer of the Court, law enforcement officer, or other person named to act in accordance with subsection (3) of this section. (3) A search warrant issued under subsection (2) of this Section shall authorise the officer of the Court, law enforcement officer, or other person named, to: (a) search any building, place, vehicle, ship, aircraft, or other thing; and (b) seize anything described in subsection (2) of this Section until further trial proceedings before the Court issuing the search warrant or another Court; and (c) arrest the occupier or owner of the building, place, vehicle, ship, or aircraft where the thing was found, if the Court thinks fit so to direct on the warrant.

141. Discharge of suspected persons. Where: (a) the occupier or owner of any building or other place, or the person in whose possession a thing named in a search warrant is found, is brought before a Judge, Magistrate or Justice of the Peace; and (b) there is no complaint that the person has committed an offence; the Judge, Magistrate or Justice of the Peace shall immediately discharge the person.

142. Search warrant to be signed by Judge, Magistrate or Justice of the Peace. (1) The Judge, Magistrate or Justice of the Peace issuing a search warrant must sign it. (2) A search warrant shall remain in force until it is executed or until it is cancelled by the Judge, Magistrate or the Justice of the Peace that issued it.

143. Execution of search warrant. (1) A search warrant may be directed to one or more persons and, when directed to more than one person, may be executed by all or any one or more of them. (2) A search warrant may be issued and executed at any time on any day, including a Sunday or public holiday.

144. Person in charge of closed place to allow access. (1) Where any building, place, vehicle, aircraft or any other thing liable to search is closed, a person residing or in control of the building, place, vehicle, aircraft or thing shall, on demand of the law enforcement officer or other person executing the search warrant, allow him or her free and unhindered access and give all necessary cooperation to enable the search. (2) Where the law enforcement officer or other person executing the search warrant is unable to gain access to the building, place, vehicle, aircraft or thing, he or she may proceed in the manner prescribed by sections 65, 66, 68 and 69 of this Law. (3) Where a person in or about the building, place, vehicle, aircraft or thing is reasonably suspected of concealing on his or her person an article for which a search should be made, the person may be searched; provided that where the person to be searched is a woman, she must be searched by another woman and may be taken to a police station for that purpose. (4) Unless a Judge, Magistrate or Justice of the Peace directs otherwise, a search under this Subpart must be conducted in the presence of two witnesses, and the person to whom the search warrant is addressed may also provide a witness within the neighbourhood. (5) The person conducting the search must make a list of all things found on the searched person, which shall be signed and/or sealed by: (a) the searched person; (b) the person executing the search warrant; and (c) the witnesses; and a witnessed copy of the list shall be delivered to the searched person. (6) Where the place to be searched is occupied by a woman whose custom or religion disallows her appearance in public, the person conducting the search must: (a) notify the occupant that she is at liberty to withdraw; and (b) give the occupant every reasonable opportunity to withdraw before entering the place; provided that the notice is not necessary where the law enforcement officer conducting the search is also a woman.

145. Occupant of searched place may attend. The occupant of a searched place or another person on his or her behalf must be permitted to be present during the search and shall, if he or she requests, receive a copy of the list of things seized there, signed or sealed by the witnesses, if any.

146. Magistrate or Justice of the Peace may direct search in their presence. A Magistrate or Justice of the Peace may direct the conduct of a search of any place in their presence, in circumstances where the Magistrate or Justice of the Peace is competent to issue a search warrant.

147. Detention of things recovered. (1) Where anything mentioned in section 140(2) of this Law is recovered under a search warrant, it may be detained by the police or other law enforcement officers, taking reasonable care to preserve it until the trial or any further proceedings. (2) The person(s) conducting the search must: (a) make a list of: (i) all things recovered during the search, and (ii) the places at which the things were found, (b) forward a copy of the list to inform the Judge, Magistrate or Justice of the Peace that issued the warrant, and (c) using the form prescribed in the First Schedule to this Law, indicate the things that are: (i) seized and detained or caused to be detained, and (ii) seized but released to the owner(s). (3) Where a defendant is not charged with an offence or no appeal or further proceedings is pending concerning an item recovered during a search, the police or other relevant law enforcement agency shall: (a) return the item to the person who appears to be entitled to it; and (b) where the person in paragraph (a) of this subsection is the defendant, return the item to the defendant, or his or her legal practitioner, or such other person as the defendant may direct. (4) Where the police or any other law enforcement agency conducting the search is authorised or required by an enactment to dispose of the items seized under this section, he or she shall release the proceeds of such disposal to the person that appears to be entitled to it. (5) Any property or a part of the property may be applied to the payment of any cost or compensation directed by the Court to be paid by the defendant, or person entitled to the property.

148. Court may dispose perishable articles. Where a thing seized under a search warrant is perishable or noxious, it may be disposed of in such manner as the Court may direct.

149. Search and disposal of gunpowder, etc. Where the subject of a search warrant is either: (i) gunpowder, (ii) arms or ammunition, (iii) an explosive, or (iv) any other dangerous or noxious substance or thing; (b) the person conducting the search: (i) shall have the powers and protection given to any person authorised to conduct a search under any written law in force, and (ii) any item recovered under paragraph (a) of this Section shall be disposed as the applicable law prescribes, or, in the absence of such prescription, as the Court may either generally, or in any particular instance, order.

150. Disposal of counterfeit currency and other things. The Court may order the destruction of any forged banknote, banknote paper, counterfeit coin, instrument, or other thing for forgery or counterfeiting, recovered under a search warrant.

151. Transmission to court of another jurisdiction. (1) A Judge or Magistrate within the State may (unless the Judge or Magistrate has ordered the disposal of the thing under this Law) order the transmission of anything seized under a search warrant and brought before his Court in circumstances where: (a) the search warrant was issued in respect of an offence against the Law of another State of the Federation; and (b) a Court in the other State has issued a summons for or charged a person with that offence. (2) The Judge or Magistrate may, for the purpose of transmitting any item under subsection (1) of this Section, exercise any functions under this Law.

152. Attachment of property of person absconding. A Judge or a Magistrate may, at any time after action has been taken under section 130 of this Law, or on an application made in that regard after a summons or warrant has been issued but disobeyed, order the attachment of any property (movable or immovable or both) belonging to a person that is the subject of the public summons or warrant.

153. Order to attach property. (1) An order under section 152 of this Law shall authorise a named public officer or public officers generally to attach any property belonging to a person the order names as the property’s owner within the Judge’s or Magistrate’s territorial jurisdiction, either by seizure or in any other manner the property may be attached under a civil process. (2) Where a person who is the subject of an order does not appear within the time specified in the public summons, the property under attachment shall be at the disposal of the Court. (3) Any property under attachment shall not be sold until the expiration of three months from the date of the attachment, unless it is perishable or the Judge or Magistrate considers that the sale would be beneficial to the owner, in either of which case the Judge or Magistrate may order a sale whenever the Judge or Magistrate thinks fit.

154. Restoration of attached property. (1) Where within three months from the date of the attachment, a person, whose property is or has been at the Court’s disposal under section 152 of this Law, voluntarily appears or is arrested and brought before the Court and proves to its satisfaction that the person: (a) did not abscond or conceal himself or herself for the purpose of avoiding execution of the warrant; and (b) had no notice of the public summons or warrant to enable him or her to attend within the specified time therein; the Court shall order the delivery to that person of either: (i) the property, where it has not been sold, or (ii) if the property has been sold, the net proceeds of the sale after defraying all costs incurred because of the attachment. (2) Subject to subsection (3) of this section, where the person whose property is attached or has been at the Court’s disposal does not appear voluntarily after six months from the date of attachment, the property or the net proceeds from its sale shall, be forfeited to the State or Federal Government as the case maybe. (3) If the Court eventually finds the person not guilty of the offence(s) with which the person is charged, and the person’s property has already been sold in accordance with subsection (2) of this section, the net proceeds of the sale, after defraying all costs incurred because of the attachment, shall be delivered to the person.

155. Issue of warrant in lieu of or in addition to summons. (1) A Judge, Magistrate or Justice of the Peace empowered by this Law to issue a summons for a person’s appearance may, after recording the reasons in writing, issue a warrant for the person’s arrest in addition to or instead of the summons where: (a) whether before or after issuing the summons, the Judge, Magistrate or Justice of the Peace believes that the person has absconded or will not obey the summons; or (b) the person fails to appear at the time fixed for his or her appearance and the summons is shown to have been duly served with sufficient time to allow the person’s appearance, and the person does not give any reasonable excuse for his or her failure to appear. (2) A Judge, Magistrate or Justice of the Peace empowered by this Law to issue a warrant for a person’s arrest may issue a summons in place of a warrant if the Judge, Magistrate or Justice of the Peace thinks it fit.

156. Power to take bond for appearance. Where a person whose appearance or arrest is required under a summons or warrant is present before a Judge, Magistrate or Justice of the Peace, the Judge, Magistrate or Justice of the Peace may require him or her to execute a bond, with or without sureties, for his or her appearance before a Court.

157. Applicable to summons and warrants. The provisions contained in this Subpart relating to summons and warrants apply to every summons and every warrant issued under this Law.

158. Application for remand or other interlocutory proceedings. (1) Where a person is arrested for an offence over which the High Court has jurisdiction, he or she must be brought before the High Court through a remand application within a reasonable time of his or her arrest; Provided that where the person is arrested for more than one offence and any of the offences exceeds a Magistrate’s jurisdiction, the remand application regarding all the offences must be brought before a High Court Judge. (2) A remand application under subsection (1) of this section shall be made ex parte and shall: (a) be made in the prescribed “Report and Request for Remand Form” contained in Form 8 in the First Schedule to this Law; (b) be verified on oath and contain reasons for the remand request; and (c) be accompanied by the original or certified true copy of the case file containing all the evidence the prosecution intends to rely on; Provided that where an application under this subsection comes up for hearing and the applicant is absent, the Court may, if satisfied that the applicant had notice of the hearing date, deem the written address as adopted and decide the application accordingly. (3) If the Court finds probable cause to remand the person to custody, the registrar of the Court shall, within 3 working days from the Court’s decision, and subject to sections 159 and 160 of this Law, forward the case file to the Attorney-General for a legal advice and shall also serve a copy of the case file on the remanded person. (4) Notwithstanding subsection (1) of this section, where a police officer is investigating a person for an offence that exceeds a Magistrate’s jurisdiction, the officer may, at the end of the investigation, submit the original case file to the Attorney-General for his or her legal advice.

159. Court may remand in custody of the Nigerian Correctional Service. (1) If, after considering the reason for the arrest and the request for remand under section 158(3) of this Law, the Court is satisfied that there is probable cause to remand the person to custody pending the receipt of the Attorney-General’s legal advice and the arrested person’s arraignment, the Court may remand the person to the custody of the Nigerian Correctional Service or another place of safe custody. (2) In considering whether there is "probable cause" under subsection (1) of this section, the Court may consider the following: (a) the nature and seriousness of the alleged offence; (b) reasonable grounds to suspect that the person is involved in the commission of the alleged offence; (c) reasonable grounds for believing that the person may abscond or commit a further offence if he or she is not committed to custody; and (d) any other circumstance of the case that justifies the request for remand.

160. Court may grant bail in remand proceedings. In considering a remand application under section 158 of this Law, the Court may grant the arrested person bail in accordance with 0 of this Law.

161. Time and protocol for remand orders. (1) Where a Court makes a remand order under section 159 of this Law, the order must not exceed 14 days in the first instance, and the case shall be returnable within the same period. (2) Where an application supported by an affidavit and written address shows good cause to justify an extension of the remand period, the Court may order the person’s further remand for a period not exceeding 14 days and make the case returnable within the same period; Provided that where an application under this subsection comes up for hearing and the applicant is absent, the Court may, if satisfied that the applicant had notice of the hearing date, deem the written address as adopted and decide the application accordingly. (3) If: (a) the arrested person is still in custody after the expiration of the extended remand period under subsection (2) of this section; and (b) the person’s trial has not commenced, or a charge against the person has not been filed in the Court that has jurisdiction; the Court shall: (i) issue a hearing notice on the Attorney-General, or the Commissioner of Police, or other relevant authority that has custody of the person, (ii) adjourn the case to date not exceeding 14 days from the expiration of the extended remand period under subsection (2) of this section, and (iii) after inquiring as to the position of the case, require the Attorney-General, or the Commissioner of Police, or other relevant authority that has custody of the person to show cause why the person remanded should not be released unconditionally. (4) Where the Attorney-General, or the Commissioner of Police, or other relevant authority that has custody of the person shows good cause under subsection (3) of this section, the Court, upon request: (a) may extend the arrested person’s remand for a final period not exceeding 14 days for the person’s arraignment; and (b) shall make the case returnable within the said 14 days. (5) Where: (a) the Attorney-General, or the Commissioner of Police, or other relevant authority that has custody of the arrested person does not show good cause under subsection (3) of this section; or (b) the person is still in custody after the expiration of the extended remand period under subsection (4) of this section, the Court must determine whether the person should be discharged and released from custody with or without conditions. (6) If the person is unconditionally released under subsection (5) of this section, no further application for remand shall be considered by any Court in respect of the offence for which the person was arrested in accordance with section 158 of this Law.

162. Attorney-General’s legal advice. (1) The Attorney-General shall issue his or her legal advice within 15 days after receiving the case file under section 158(3) or 158(4) of this Law, indicating whether or not the evidence discloses a prima facie case against the person accused of the offence (in this section referred to as the remanded person). (2) To enhance efficiency in giving a legal advice under subsection (1) of this Section, the Attorney-General may, if he or she deems it appropriate, delegate responsibility of giving the advice to the Director of Public Prosecutions or any other Law Officer in the Ministry of Justice. (3) The Attorney-General shall serve a copy of the legal advice on: (a) the Court from which the case file originated or, in the case of section 158(4) of this Law, the officer that sent the case file to the Attorney-General; or (b) the officer in charge of the police station or Superintendent in Charge of the Custodial Centre at which the person is remanded; and (c) the remanded person or his or her legal practitioner, if any. (4) Where the Attorney-General’s legal advice states that the evidence does not disclose a prima facie case against the remanded person: (a) the Court from which the case file originated must discharge the remand order; and/or (b) the police or other law enforcement officer, or the Superintendent in Charge of the Custodial Centre in which the person is remanded, must immediately release the person from custody. (5) Where the Attorney-General’s legal advice states that the evidence discloses a prima facie case against the remanded person: (a) the Attorney-General shall file and serve or direct the filing and service of the charge or information in accordance with this Law; and (b) where the police or another law enforcement agency has granted administrative bail to the person accused of the offence, the police or the other law enforcement agency shall immediately re-arrest the person to stand trial. (6) There shall be attached to the Attorney-General’s legal advice a form as prescribed in Form 9 of the First Schedule to this Law, for the remanded person to indicate his or her desire to be represented by: (a) a legal practitioner of the person’s choice; (b) a legal practitioner from the Legal Aid Council of Nigeria; (c) a legal practitioner from the Office of the Public Defender; or (d) a legal practitioner from any other organisation providing free legal representation. (7) Where the remanded person indicates a desire for legal representation by a legal practitioner from the Legal Aid Council of Nigeria, the Office of the Public Defender, or any other organisation providing free legal representation: (a) the person shall forward the form referred to in subsection (6) of this Section to the Registrar of the Court in which the charge or information for his or her trial was filed, and (b) the Registrar shall: (i) within 14 days after receiving the form, notify the Legal Aid Council of Nigeria, the Office of the Public Defender, or the other organisation (as the case may be) of the remanded person’s request, and (ii) after hearing from the Legal Aid Council of Nigeria, the Office of the Public Defender, or the other organisation (as the case may be), give the remanded person details of the legal practitioner that will represent him or her. (8) The following provisions shall apply to fulfil the objective under subsection (7) of this section: (a) To fulfil the objective under subsection (7)(a) of this Section, the officer in charge of the place at which the remanded person is held (where applicable) shall ensure that the relevant Court Registrar receives the remanded person’s form, (b) To fulfil the objective under subsection (7)(b)(i) of this Section, the Registrar shall forward the remanded person’s form to: (i) the State Coordinator of the Legal Aid Council of Nigeria in or nearest to the State, or (ii) the Director of the Office of the Public Defender, or (iii) the person that heads the organisation providing free legal representation, (c) To fulfil the objective under subsection (7)(b)(ii) of this Section: (i) the person to whom the Registrar sends the form under subsection (8)(b) of this Section shall notify the Registrar of his or her availability (or unavailability) to provide the defendant with legal representation within 7 days of receiving the request, indicating the details of the designated legal practitioner (where applicable), and (ii) the Registrar shall, within 7 days of receiving the response under subparagraph (i) of this subsection, ensure that the remanded person receives details of the legal representation through the officer in charge of the place at which the person is held in custody; and that the prosecutor also receives the information through the Office of the Attorney-General. (9) If, within 15 working days of the Court’s receipt of the Attorney-General’s legal advice: (a) the Registrar does not receive the remanded person’s request for legal representation; or (b) no legal practitioner indicates his or her availability to represent the remanded person; the Court must, using Form 9A in the First Schedule to this Law, appoint a legal practitioner to provide free legal representation for the defendant from either the Legal Aid Council of Nigeria, the Office of the Public Defender, or any other legal practitioner; and subsection 0(b) and (c) of this section shall apply with necessary modifications; Provided that a Court’s appointment of a legal practitioner for the arrested person under this subsection is without prejudice to the defendant’s right to subsequently appoint a legal practitioner of his or her choice.

163. When court may exercise power of remand. (1) A Court may exercise the powers conferred under this Part: (a) whether the remanded person is present in the Court or not; and (b) on its own motion or on an application, including an application by the Superintendent in Charge of the Custodial Centre or officer in charge of the other place of lawful custody, at which the person is remanded. (2) The Attorney-General’s legal advice shall, in all cases, be copied to the Court, and the Court may only act on the copy of the advice in making any order that may be necessary in the circumstances. (3) Where the Attorney-General’s legal advice indicates that the remanded person has no case to answer, the Court shall immediately order the person’s release from custody.

164. Court may bring up remanded person or make any order during remand. (1) A Court may order any remanded person to be brought before it during any remand period. (2) The Court may order that the remanded person be transferred to a hospital, asylum, or any suitable place to give him or her medical treatment or may make any order that it considers necessary at any time during the remand period.

165. Place of remand. A person committed to a Custodial Centre of the Nigerian Correctional Service under this Law shall be remanded in the Custodial Centre or other place of safe custody.

166. Form of charges in Second Schedule to be used and adapted. A charge may be in the forms set out in the Second Schedule to this Law, with such modification as may be necessary in the circumstances of each case.

167. Offence to be stated in charge. (1) A charge must state the offence with which the defendant is charged, the Law under which the offence is charged, and the section of the Law that provides the punishment for that offence. (2) Where the Law creating the offence: (a) gives it a specific name, the offence must be described in the charge by that name only; or (b) does not give it a specific name, as much of the definition of the offence must be stated to give the defendant notice of the facts of the offence with which the defendant is charged.

168. Legal presumption of charge. Once a charge is filed, a Court may presume that every legal condition required to constitute the offence charged was fulfilled in the case.

169. Particulars of the charge. (1) A charge must contain sufficient particulars to fully and fairly inform the defendant of the substance of the offence that it is alleged that the defendant has committed. (2) Without limiting subsection (1) of this Section, the particulars under subsection (1) of this Section must include: (a) particulars of the defendant; (b) the place at which the offence is alleged to have occurred; (c) the dates on or between which offence is alleged to have occurred; (d) the person against whom the offence is alleged to have been committed; and (e) the section of the Law that defines the offence and prescribes its punishment. (3) A charge sheet shall be filed with the defendant’s photograph and fingerprint impressions; provided that where the photograph and fingerprint impressions are not available, it shall not invalidate the charge.

170. Charge of criminal breach of trust. (1) Where a defendant is charged with fraudulent appropriation of property, it is sufficient to specify the gross sum in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed without specifying particular items or exact dates. (2) A charge that complies with subsection (1) of this section shall be deemed to be a charge of a single offence.

171. Charge of criminal falsification of accounts. Where a defendant is charged with falsification of accounts, fraudulent falsification of accounts or fraudulent conversion, it shall be sufficient to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud or any particular day on which the offence was committed.

172. Charge may contain the way the offence was committed. Where the nature of the offence is such that the particulars required by sections 167 and 169 of this Law do not give the defendant sufficient notice of the matter with which the defendant is charged, the charge must also contain such particulars of the manner in which the offence was committed as will be sufficient for that purpose.

173. Words used in charge. (1) Words used to describe an offence in a charge are deemed to have been used in the sense attached to each of them in the Law creating the offence. (2) Figures, expressions, and abbreviation may be used to express anything that is commonly expressed by those figures, expression, or abbreviation.

174. Description of property and joint owners. (1) Any property referenced in a charge shall be described using plain language to identify the property with reasonable clarity. (2) Where the description of property complies with subsection (1) of this section, it is not necessary to name the person to whom the property belongs or the value of the property, except where it is required to describe an offence that depends on any special ownership of property or special value of property. (3) Where property is vested in more than one person and the owners of that property are referred to in the charge, the property may be described as owned in accordance with the appropriate provision set out in section 441 of this Law. (4) Where the owner of any property is a company, association, club or society, proof of the registration of the company, association, club, or society shall not be required unless the Court decides that proof shall be given. (5) Where a Court requires proof of registration under subsection (4) of this section, it may adjourn the proceedings for that purpose and may direct the substitution of one or more names to comply with the registered title.

175. Description of persons. The description or designation of the defendant in a charge or of any other person to whom reference is made in the charge, may be in the manner set out in section 442 of this Law.

176. Description of bank or currency notes. (1) Any coin, bank or currency note may be described as money, and any averment to money in any amount, regarding the description of the property, shall be proved by any coin, bank, or currency note, provided that the specific coin or bank or currency note need not be proved. (2) In a case of stealing and defrauding by false pretences, the coin, bank or currency note may be described by proof that the defendant dishonestly appropriated or obtained any coin, bank or currency note, or any portion of its value, although the coin, bank or currency note may have been delivered to him or her in order that some part of its value should be returned to the party delivering it or to any other person, and that part should have been returned accordingly.

177. Description of document. Where it is necessary to refer to a document or an instrument in a charge, it shall be sufficient to describe it by any name or designation by which it is commonly known, or by the purpose of the document, without setting out the document’s content or attaching a copy of it to the charge.

178. General rule of description. Subject to any other provisions of this Law, it shall be sufficient to describe any place, time, thing, matter, act, or omission (however described) in a charge by using plain language to indicate the place, time, thing, matter, act or omission with reasonable clarity.

179. Charge may be worded in alternative. A charge may allege several different matters, acts, or omissions in the alternative if the relevant offence is worded in the alternative in the enactment that prescribes it.

180. Provision as to statutory offences. It shall not be necessary in any charge where the offence is one constituted by a Law to negate any exception or exemption from or qualification to the operation of the law creating the offence.

181. Statement of intent. Where an offence involves fraud, deceit, or injury, it is not necessary to state an intention to defraud, deceive or injure any particular person unless the Law creating the offence makes intention to defraud, deceive or injure a particular person an essential ingredient of the offence.

182. Defendants that may be charged jointly. (1) A charge must relate to a single defendant except in the following circumstances: (a) defendants accused of jointly committing the same or similar offences; (b) defendants accused of committing the same offence or different offences during the same transaction; (c) where there is complicity in the commission of an offence, for instance, aiding or abetting, being an accessory to, or attempting to commit the same offence; (d) defendants accused of committing offences during a fight, or series of fights arising out of another fight, and persons accused of abetting any of those offences; (e) defendants accused of committing related offences, for instance (without limiting the generality of the foregoing): (i) where a person accused of committing an offence that includes stealing, extortion, or criminal misappropriation and another person is accused of receiving, retaining, or assisting in the disposal or concealment of the same property, or aiding, abetting, or attempting to commit the primary offence, or (ii) dishonestly receiving stolen property and/or assisting in concealment of stolen property. (2) For the purposes of subsection (1)(b) of this Section, the acts or omissions alleged to form the same transaction need not occur at the same exact time or in the same exact place. What is required is that there are factual allegations sufficient to support a finding that the alleged acts or omissions form part of a common scheme, strategy, or plan.

183. Separate charges for distinct offences. (1) A charge must relate to a single offence except in the following circumstances: (a) where a defendant commits any three offences within 12 months, irrespective of whether the offences are similar or committed against the same person or persons; (b) where a defendant commits any number of the same type of offence; (c) where a defendant commits any offence during the same transaction; or (d) cases mentioned in sections 185 and 189 of this Law. (2) For the purposes of subsection (1)(c) of this Section, the acts or omissions alleged to form the same transaction need not occur at the same exact time or in the same exact place. What is required is that there are factual allegations sufficient to support a finding that the alleged acts or omissions form part of a common scheme, strategy, or plan.

184. Substantive offence same as attempt. An offence is deemed to be an offence of the same kind as an attempt to commit that offence where the attempt is itself an offence.

185. Trial for more than one offence. Where: (a) several acts or omissions that constitute offences are closely connected and form part of the same transaction, or are part of a series of the same or similar offences; and (b) the same person commits more than one of those acts or omissions; the offences (whether felonies, misdemeanours, or simple offences) may be joined in a single charge and the person tried for those offences in a single trial.

186. Offences falling under two definitions. Where the defendant’s alleged acts or omissions constitute an offence defined under two or more Laws, the defendant may be charged with and tried at one trial for each of those offences; provided that the Court must, where the evidence justifies a finding of guilt, only convict the defendant under one of those Laws.

187. Acts constituting one offence but constituting different offences when combined. Where the combination of several offences constitutes a different offence, the defendant accused of them may be charged with and tried at one trial for the offence formed by the combined acts or omissions, or for any offence formed by any one or more act or omission.

188. Where it is doubtful which offence has been committed. (1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the defendant may be charged with having committed all or any of such offences, and any number of such charges may be tried at once, or the defendant may be charged in the alternative with having committed any of the said offences. (2) If, in such a case, the defendant is charged with one offence, and it appears in evidence that the defendant committed a different offence for which he or she may have been charged under subsection (1) of this Section, the defendant may be convicted of the offence which he or she is shown to have committed, although the defendant was not charged with it.

189. Incidental offences in the same transaction. Where in a single act or omission the fact or combination of facts constitutes more than one offence, the defendant may be charged and tried at one trial for one or more of those offences.

190. Amendment of charge. (1) A Court may permit an amendment to a charge (including the framing of a new charge) at any time before judgment is pronounced. (2) The amendment may be made on the Court’s own motion (after giving the parties an opportunity to be heard) or on the application of the prosecutor. (3) If the defendant entered a plea to the charge before it was amended: (a) the amended charge must be read and explained to the defendant; (b) the Court must ask the defendant to plead to the amended charge as if the defendant has been arraigned for the first time; and (c) the Court shall proceed with the trial as if the amended charge had been the original charge. (4) Where a charge is amended, a note of the order for amendment shall be endorsed on the charge, and the charge shall be treated for the purpose of all proceedings in connection therewith as having been filed in the amended form.

191. Procedure if charge amended before trial. (1) This section applies if the Court amends a charge before the trial. (2) This section applies if the Court amends a charge before the trial. (3) The Court may: (a) direct that all or any of the requirements of sections 36 to 38 of this Law apply; or (b) give any other directions in relation to the management of the case.

192. Procedure if charge amended during trial. (1) Notwithstanding section 190 of this Law, a charge may be amended to substitute one offence for another offence during the trial only if: (a) there appears to be a variance between the proof and the charge; and (b) the amendment will make the charge fit with the proof. (2) If a charge is amended under subsection (1) of this Section and the Court is of the opinion that the defendant will not be or has not been misled or prejudiced in his or her defence by the amendment, it may immediately proceed with the trial as stated under section 190(3) of this Law. (3) Subsection (4) of this Section applies if, in the Court’s opinion, the defendant has been misled or prejudiced in his or her defence by any amendment of a charge made during the trial under section 190 of this Law. (4) If, in the Court’s opinion, the effect of the defendant having been misled or prejudiced might be removed by adjourning the trial, the Court may make the amendment and adjourn the trial.

193. Recall of witnesses when charge is amended during trial. Where a charge is amended during the trial, the prosecutor and the defendant shall be allowed to recall or re-summon and examine any witness who may have been examined, and call any further witness; provided that such examination shall be limited to the amendment.

194. Effect of error. An error in stating the offence or the particulars required to be stated in a charge, or omission in stating the offence or those particulars, or any duplicity, misjoinder or nonjoinder of the particulars of the offence, shall not be regarded at any stage of the case as material unless the defendant was misled by the error or omission.

195. Objection to a charge. Objections shall not be taken or entertained during the proceedings or trial on the ground of an imperfect or erroneous charge.

196. Effect of material error. (1) Where an appellate Court finds that a defendant’s conviction is a miscarriage of justice because the absence of a charge, or an error in the charge misled the defendant in his or her defence, it may direct the defendant’s retrial on another charge. (2) Where the appellate Court is of the opinion that the facts of the case are such that no valid charge could have been made against the defendant in respect of the proven facts, it shall quash the conviction.

197. Conviction where alternative allegations proved. When convicting a defendant of a charge that includes alternative allegations, the Court must limit that conviction to one of the alternatives charged.

198. Included offences. If the commission of the offence alleged (as described in the enactment creating the offence or in the charge) includes the commission of any other offence, the defendant may be convicted of that other offence if it is proved, even if the whole offence in the charge is not proved.

199. Defendant charged with one offence may be convicted of another. Where a defendant is charged with one offence and the evidence shows that the defendant committed a similar offence with which he or she might have been charged under this Law, the defendant may be convicted of the similar offence that he or she is shown to have committed, although the defendant was not charged with it.

200. Attempt proved when offence is charged. Where the commission of the offence charged is not proved, but the evidence establishes an attempt to commit the offence, the defendant may be convicted of the attempt.

201. Offence proved when attempt is charged. Where an attempt to commit an offence is charged, but the evidence establishes the commission of the full offence, the Court may: (a) if in the Court’s opinion the defendant will not be or has not been misled or prejudiced in his or her defence by the amendment, amend the charge; or (b) convict the defendant of the attempt.

202. Liability for further prosecution. If the Court convicts the defendant of an attempt under section 200 or 201 of this Law, the defendant is not liable to be prosecuted again for the offence that the defendant was convicted of attempting to commit.

203. Accessory after the fact proved when offence charged. Where: (a) the defendant is charged with an offence (referred to in the section as the main offence); and (b) the evidence shows that the defendant is an accessory after the fact to either: (i) the main offence or another offence, or (ii) another offence for which a defendant charged with the main offence may be convicted under this Law; the defendant may be convicted as an accessory after the fact to the main offence or the other offence (as the case may be).

204. Lesser offence charged but higher offence proved. (1) In this section and section 205 of this Law, a more serious offence is one that carries a more severe punishment than a less serious offence. (2) The fact that: (a) a defendant is charged with an offence (referred to in the section as the less serious offence); but (b) the evidence shows that the defendant committed a more serious offence; is not a ground for the defendant to be acquitted for the less serious offence. (3) Without prejudice to subsection (4) of this section, where the defendant is convicted of the less serious offence, the defendant is not liable to be prosecuted for the more serious offence. (4) Notwithstanding subsection (3) of this section, the Court may: (a) stop the defendant’s trial for the less serious offence without convicting him or her; and (b) direct that the defendant be charged and tried for the more serious offence; in which case the defendant will be dealt with as if he or she had never been tried for the less serious offence.

205. Higher offence charged but lesser offence proved. (1) Where a person is: (a) charged with an offence comprising several particulars; and (b) a combination of some of those particulars constitute a less serious offence; and (c) the evidence: (i) does not justify a conviction for the offence originally charged (the more serious offence), but (ii) justifies a conviction for the less serious offence; the defendant may be convicted of, or plead guilty to, the less serious offence though the defendant was not charged with it. (2) Notwithstanding subsection (1) of this Section, whenever a defendant is charged with a more serious offence, but the evidence shows that they committed a less serious offence, the defendant may be convicted of the less serious offence though the defendant was not charged with it.

206. Conviction of related offences concerning property. Where a defendant is charged with an offence related to property and the evidence shows that he or she committed another offence concerning the same property, the defendant may be convicted of the other offence though the defendant was not charged with it.

207. Defendant charged with burglary may be convicted of a relatecd offence. Where: (a) a defendant is charged with burglary, housebreaking or a related offence; and (b) the evidence: (i) does not justify a conviction for the offence charged, but (ii) justifies a conviction for an offence other than that with which the defendant is charged; the defendant may be convicted of the other offence as if he or she had been convicted on a charge or information charging the defendant with that offence.

208. Rape etc. charged but indecent assault proved. Where: (a) a defendant is charged with rape, defilement, incest, or an unnatural or indecent offence against a person; and (b) the evidence: (i) does not justify a conviction for the offence charged, but (ii) justifies a conviction for indecent assault; the defendant may be convicted of indecent assault as if he or she had been convicted on a charge or information charging the defendant with that offence.

209. Murder or infanticide charged but concealment of birth proved. Where: (a) a defendant is charged with the murder of a child or infanticide; and (b) the evidence: (i) does not justify a conviction for murder or infanticide, but (ii) justifies a conviction for concealment of birth; the defendant may be convicted of concealment of birth as if he or she had been convicted on a charge or information charging the defendant with that offence.

210. Murder charged but infanticide proved. (1) Where: (a) a woman is charged with the murder of her child under the age of 12 months; and (b) the evidence: (i) does not justify a conviction for murder, but (ii) justifies a conviction for infanticide; the defendant may be convicted of infanticide as she had been convicted on a charge or information charging her with that offence. (2) Nothing in subsection (1) of this section prevents the defendant from being, where the evidence justifies it: (a) convicted of manslaughter; or (b) convicted of concealment of birth; or (c) acquitted on the ground that the defendant was not criminally responsible under the applicable Law.

211. Charge against child. Without prejudice to PART 12 of this Law, the Childs Rights Law of Delta State applies to any proceedings in which a child is alleged to have committed an offence.

212. Withdrawal of charge. (1) The prosecutor may, with the leave of the Court, withdraw a charge before the trial. (2) The withdrawal of a charge under this section is not a bar to any other proceeding in the same matter. (3) Notwithstanding subsection (2) of this section, where a defendant is: (a) charged with more than one offence; and (b) convicted with one or more (but not all) of the offences; the prosecutor may, with the leave of the Court, withdraw the remaining charge or charges, or the Court may, of its own motion, stay the trial of the remaining charge or charges. (4) Withdrawing a charge under this section has the effect of a discharge on the withdrawn charge, where the defendant’s conviction under subsection (3) of this Section is set aside, the Court may request the prosecutor to proceed on the withdrawn charge or charges.

213. Dismissal of charge. (1) The Court may dismiss a charge at any time before or during the trial, but before judgment. (2) The Court may dismiss the charge on its own motion or on the application of the prosecutor or the defendant. (3) Without limiting subsection 213 of this Section, the Court may dismiss a charge if: (a) the prosecutor has not offered evidence at trial; or (b) the Court is satisfied that there is no case to answer. (4) A decision to dismiss a charge must be given in open Court. (5) If a charge is dismissed under this section, it does not entail the defendant’s acquittal on that charge, except where subsection (3)(b) of this section applies.

214. Plea discussions. (1) Subject to subsection (2) of this Section, a prosecutor and a defendant or, where the defendant is represented by a legal practitioner, a prosecutor and the defendant’s legal practitioner, may engage in plea discussions. (2) A prosecutor other than the Attorney-General shall not conclude a plea bargain with a defendant or the defendant’s legal practitioner unless the prosecutor first obtains the Attorney-General’s written permission.

215. Improper inducement. (1) In this section, improper inducement includes: (a) the coercion of a defendant to enter a plea discussion; and (b) the fraudulent misrepresentation of a material fact by the prosecutor either before a plea discussion is entered into or during such discussion. (2) A prosecutor who uses an improper inducement to encourage a defendant to participate in a plea discussion is liable on summary conviction to a fine of N2,000,000.00 (Two Million Naira) and to a one-year term of imprisonment. (3) A police officer or legal practitioner for a defendant is liable to a fine of N2,000,000.00 (Two Million Naira) and to a one-year term of imprisonment where the police officer or legal practitioner: (a) conspires with the prosecutor in the commission of an offence under subsection (1) of this Section, (b) attempts, incites, aids, abets, counsels, or procures the commission of such an offence under subsection (1) of this Section. (4) No prosecution under this section shall be instituted without the written consent of the Attorney-General.

216. Representation by legal practitioner. (1) Where a defendant has retained a legal practitioner, a prosecutor shall not engage in a plea discussion directly with the defendant in the absence of his or her legal practitioner. (2) A prosecutor shall inform a defendant of his or her right to representation by a legal practitioner in the plea discussion. (3) Where a defendant cannot afford to retain a legal practitioner, the Court may assign counsel for the defence from: (a) private legal practice; (b) the Office of the Public Defender; or (c) the Legal Aid Council of Nigeria. (4) In cases where a defendant who has indicated his or her desire to be assigned a counsel is not assigned a counsel, the prosecutor shall not have any discussions directly with the defendant, unless the defendant waives in writing his or her right to be represented by counsel as set out in Form 25 in the First Schedule of this Law.

217. Prohibition against discussions. A prosecutor shall not suggest, conclude, or participate in any plea discussion that requires the defendant to plead guilty to an offence that: (a) is not disclosed by the evidence; or (b) inadequately reflects the gravity of the provable conduct of the defendant unless, in exceptional circumstances, the charge is justifiable in terms of the benefits that will accrue to the administration of justice or the protection of society.

218. Victim to be consulted. (1) A prosecutor may obtain the views of the victim or a relative or other representative of the victim before concluding plea discussions. (2) A prosecutor who arrives at a plea bargain with the defendant may ensure that the victim is told the substance of, and reasons for, the agreement, unless compelling reasons, such as the likelihood of serious harm to the defendant or to another person, requires otherwise.

219. Plea bargains. (1) A plea bargain which has been concluded between the prosecutor and the defendant’s legal practitioner shall be set out as in Form 26A in the First Schedule to this Law, and where such agreement is concluded, it shall be signed by the prosecutor, the defendant’s legal practitioner, and the defendant, and filed in the registry of the Court. (2) A plea bargain which has been concluded between the prosecutor and the defendant’s legal practitioner shall be set out as in Form 26A in the First Schedule to this Law, and where such agreement is concluded, it shall be signed by the prosecutor, the defendant’s legal practitioner, and the defendant, and filed in the registry of the Court. (3) The registrar of the Court shall, upon receipt and filing of the agreement, set the matter down for hearing before the Court.

220. Hearing in Chambers. (1) When a plea bargain has been concluded, the prosecutor shall disclose to the Judge or Magistrate, in Chambers, and in the presence of the defendant’s legal practitioner or, where the defendant is unrepresented, in the presence of the defendant (under sufficient guard from officers of the Nigeria Correctional service and/or Nigeria Police Force): (a) the substance of, and reasons for, the agreement; and (b) whether any previous agreement has been disclosed to another Judge or Magistrate in connection with the same matter and, if so, the substance of that agreement. (2) The Judge or Magistrate shall, when sitting in open Court, before accepting a plea bargain determine to his satisfaction that: (a) no improper inducement was made to the defendant to enter the agreement; (b) the defendant understands the nature, substance; and consequences of the agreement, (c) the offence to which the agreement relates adequately reflects the gravity of the provable conduct of the defendant, unless in exceptional circumstances the agreement is justifiable in terms of the benefits that will accrue to the administration of justice or the protection of society.

221. Views of victim in open court. (1) Subject to subsection (2) of this section, the Judge or Magistrate may, in open Court, seek the views of the victim or a relative of the victim before recording the terms of the agreement and passing sentence. (2) The Judge or Magistrate may (where the Judge or Magistrate considers it prudent to do so) retire to Chambers to hear the views of the victim or relative, as the case may be, and such views shall be heard in the presence of the prosecutor and the defendant’s legal practitioner or, where the defendant is unrepresented, in the presence of the defendant (under sufficient guard from officers of the Nigerian Correctional Service and/or Nigeria Police Force).

222. Offer of defendant to plead guilty. (1) Where, at the commencement of the trial or at any time thereafter, but before its conclusion, a defendant charged for an offence offers to plead guilty to the offence if certain charges against the defendant are dismissed, the Judge or Magistrate shall inquire whether the prosecutor agrees to accept the defendant’s offer. (2) Where the prosecutor agrees to accept the defendant’s offer, the matter shall be disposed of accordingly. (3) Where the prosecutor refuses to accept the defendant’s offer, the trial shall continue.

223. Withdrawal of agreement by defendant. A defendant who enters a plea bargain shall be entitled to withdraw from that agreement before judgment or to appeal against a conviction based on the agreement if: (a) it was entered into because of an improper inducement, (b) it was entered into because of misrepresentation as to the substantive consequences of a plea bargain; or (c) the prosecutor has breached the terms of the plea bargain.

224. Appeal against sentence. (1) This section operates without prejudice to the Constitution of the Federal Republic of Nigeria 1999 (as altered). (2) Where a defendant pleads guilty to an offence and, upon his or her conviction, receives a sentence that accords with, or is within the range anticipated by the plea bargain, the prosecutor shall not be permitted to appeal against the sentence imposed by the Judge or Magistrate unless it is shown that: (a) the prosecutor, during a plea discussion, was wilfully misled by the defendant in some material respect; or (b) the Court, in passing sentence, was wilfully misled in some material respect.

225. Inadmissible evidence. Subject to the provisions of the Evidence Act 2011, evidence of a plea bargain later withdrawn or of an offer to enter into a plea bargain, or of a statement made in connection with any such agreement or offer, is inadmissible in any proceedings.

226. Plea bargain not binding on the court. The Judge or Magistrate may reject a plea bargain entered between the prosecution and the defendant if the Judge or Magistrate considers that it is in the public interest to do so.

227. Taking outstanding offences into consideration. A plea bargain may, if the defendant so desires, include any outstanding matters that are the subject of information before a Court or area being investigated and which the defendant and the prosecutor agree to have taken into consideration at the time of sentencing.

228. Plea to information or charge. (1) Before a defendant takes his or her plea, the Court shall inform the defendant of his or her right to enter plea discussions under section 214(1) of this Law, provided that any failure to inform the defendant under this subsection shall not invalidate the Court’s judgment. (2) The defendant to be tried on a charge or information must be: (a) brought before the Court unfettered unless the Court has reason to order otherwise, and the registrar or another Court officer shall read over the charge or information to him or her to the Court’s satisfaction; and (b) called upon to plead instantly unless, where the defendant is entitled to be served with the information, the defendant objects to the non-service and the Court finds that the defendant has not been properly served. (3) The defendant may plead either guilty or not guilty or enter a special plea. (4) If the defendant is not represented by a legal practitioner, the Court must be satisfied that the defendant: (a) has been informed of his or her right to legal representation, including the right to apply for legal aid under the Legal Aid Council Act or, where the defendant requests, a lawyer from the Office of the Public Defender; (b) has fully understood those rights; and (c) has had a reasonable opportunity to exercise those rights. (5) The Court shall record the fact that it is satisfied that the defendant understands the charge or information read over and explained to him or her in the language the defendant understands and shall record the defendant’s plea to the charge or information as nearly as possible in the words the defendant uses.

229. Defendant who refuses to plead. If the defendant refuses to plead, or fails to plead when required to do so, the defendant is deemed to have pleaded not guilty and the proceedings must continue accordingly.

230. Effect of plea of not guilty. A defendant who pleads not guilty shall be deemed to have put himself or herself to trial.

231. Effect of plea of guilty. (1) Where a defendant pleads guilty to an offence, the Court shall: (a) record the defendant’s plea as nearly as possible in the words the defendant uses; (b) invite the prosecution to state the fact of the case; and (c) enquire from the defendant whether his or her guilty plea is to the facts as stated by the prosecution. (2) Where the Court is satisfied that the defendant intends to admit the truth of all the essential elements of the offence for which the defendant has pleaded guilty, the Court shall convict and sentence the defendant or make such order as may be necessary, unless there is sufficient reason to the contrary. (3) Where the defendant pleads guilty to a capital offence, the Court must record a plea of not guilty for him or her.

232. Amending charge where defendant pleads guilty to offence not charged. (1) Without prejudice to other provisions of this Law, where the defendant pleads guilty to an offence not contained in the charge or information on which the defendant was arraigned, the Court shall direct the prosecution to amend the charge or information to include the admitted offence, in which case the Court shall direct the defendant to make a fresh plea on the amended charge or information. (2) A plea entered under subsection (1) of this section shall have the same effect as if the defendant actually pleaded to the charge. (3) The Court may inquire into the defendant’s mental state and, if the Court is satisfied that the defendant is of sound mind, shall proceed with his or her trial. (4) Where the Court finds that the defendant is of unsound mind, the provisions of this Law in relation to persons of unsound mind shall apply.

233. Defendant may change plea of not guilty. (1) A defendant may ask to be brought before the Court (or, if the defendant is already before the Court, ask to be permitted) to change a plea of not guilty to a plea of guilty or to a special plea to the offence with which the defendant is charged. (2) When the defendant attends before a Court for the purposes of this section: (a) the substance of the charge must be read to the defendant; and (b) the defendant must be called to enter his or her plea.

234. Special pleas. (1) A defendant may only enter the following special pleas: (a) a plea of previous conviction; (b) a plea of previous acquittal; (c) a plea of pardon. (2) More than one special plea may be entered in relation to the same charge. (3) If the defendant enters any of the special pleas, the defendant must provide information about the conviction, acquittal, or pardon on which the plea is based.

235. Previous conviction. (1) If a plea of previous conviction is entered in relation to a charge, the Court must dismiss the charge under section 213 of this Law if the Court is satisfied that a competent Court has convicted the defendant of: (a) the same offence as the offence currently charged, arising from the same facts; or (b) any other offence arising from those facts. (2) Subsection (1) of this Section does not apply if: (a) the defendant was convicted of an offence and is currently charged with a more serious offence arising from the same facts; and (b) the Court is satisfied that the evidence of the more serious offence was not readily available at the time the charging document for the previous offence was filed.

236. Previous acquittal. If a plea of previous acquittal is entered in relation to a charge, the Court must dismiss the charge under section 213 of this Law if the Court is satisfied that a competent Court has acquitted the defendant of: (a) the same offence as the offence currently charged, arising from the same facts; or (b) any other offence arising from those facts.

237. Defendant may be tried again on a separate charge in certain cases. A defendant acquitted or convicted of an offence may afterwards be tried for a distinct offence for which a separate charge might have been made against him or her on the previous trial under section 185 of this Law.

238. Pardon. If a plea of pardon is entered in relation to a charge, the Court must dismiss the charge under section 213 of this Law if the Court is satisfied that the defendant has been convicted and pardoned of: (a) the same offence as the offence currently charged, arising from the same facts; or (b) any other offence arising from those facts.

239. Procedure for dealing with special plea. (1) If a special plea is entered, the availability of that plea must be decided by the Judge or Magistrate. (2) In deciding whether a special plea is available to the defendant, the Judge or Magistrate may consider any evidence that the Judge of or Magistrate considers appropriate. (3) If the Judge or Magistrate decides that the special plea entered is not available to the defendant, the defendant must be required to enter a plea of guilty or not guilty to the charge. (4) Nothing in this Subpart shall prevent a defendant from pleading that, by virtue of some other provision of law, the defendant is not liable to be prosecuted or tried for an offence with which the defendant is charged.

240. General entitlement and rules as to granting bail. (1) Subject to this Part, a person suspected or accused of, or charged with committing an offence is entitled to bail on reasonable terms and conditions unless the Court is satisfied that there is just cause for continued detention. (2) In determining whether there is just cause for continued detention, the Court must consider: (a) whether there is a risk that: (i) the person may fail to appear in Court on the date to which the person has been remanded, (ii) the person may interfere with victims, witnesses, or evidence of the investigation, or (iii) the person may commit an offence while on bail; and (b) any matter that would make it unjust to detain the person. (3) In determining whether there is just cause for continued detention under subsection 0 of this Section, the Court may consider the following: (a) the nature of the offence with which the person is charged; (b) the seriousness of the punishment to which the defendant is liable; (c) the character and past conduct or behaviour, in particular proven criminal behaviour, of the person; (d) whether the person has a history of offending while on bail, or breaching Court orders, including orders imposing bail conditions; (e) the likely length of time before the matter comes up for hearing or trial; (f) the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody; (g) the character of the evidence against the defendant; and (h) any other special matter that is relevant in the particular circumstances. (4) When considering an application for bail, the Court may consider the person or defendant’s cooperation with authorities in the investigation or prosecution of any offence if that cooperation is relevant to the Court’s assessment of the risk that the person or defendant will fail to appear in Court, interfere with witnesses or evidence, or offend while on bail. (5) Where the Court grants bail: (a) it must not apply excessive conditions (including the amount of bail) relative to the circumstances of the case; and (b) the applicant (or his or her legal practitioner) shall deposit the following items with the Court registrar for the Court’s official use: (i) one ream of typing paper, (ii) two standard office file jackets, and (iii) one bottle of correction fluid.

241. Power of court to order person in custody to be brought before it. (1) Where a person or defendant is detained in a Custodial Centre, police station or any other lawful place of detention, the Court may order the Superintendent in Charge of the Custodial Centre, or the person in charge of the police station or other lawful place of detention to produce the person or defendant before the Court at the time and date specified in the order. (2) The Court may, at or after the time the person or defendant is produced, make such order, or give such directives as it considers appropriate in the circumstances and in accordance with this Law.

242. Recognisance by parent or guardian of a child. (1) Where a child is arrested (with or without a warrant) and cannot be immediately brought before a Court, the officer in immediate charge for the time being of the police station to which the child is brought shall release the child on a recognisance entered by the child’s parent(s) or guardian(s), with or without sureties, unless: (a) the child is charged with homicide; (b) the child is charged with an offence punishable with a term of imprisonment exceeding three years; and (c) it is necessary in the child’s interest to remove him or her from a known criminal or prostitute, or from an environment that is harmful to the child. (2) The child’s parent(s) or guardian(s) shall execute a bond to secure the child’s attendance for the hearing of the charge in the amount the police officer sets.

243. Bail where person is charged with capital offence. (1) Subject to subsection (2) of this section, a person arrested, detained, or charged with an offence punishable by death is not bailable as of right. (2) A Judge of the High Court may grant bail to a person arrested, detained, or charged with an offence punishable by death only in exceptional circumstances. (3) In determining whether exceptional circumstances exist, the Court may consider: (a) the applicant’s deteriorating health condition, provided that: (i) a qualified medical practitioner employed in a government hospital must confirm and certify the applicant’s health condition, and (ii) the applicant must show that the detaining authority does not have the medical facilities to treat his or her condition; (b) any inordinate delay (exceeding six months) in arraigning the applicant after his or her arrest, or calling the prosecution’s witnesses after the applicant’s arraignment; provided that none of the circumstances in section 240(2) of this Law exist; or (c) any other circumstances that the Judge may consider exceptional in the circumstances of the case, provided that none of the circumstances in section 240(2) of this Law exist.

244. Bail where person is charged with offence punishable by imprisonment of three or more yeears. (1) Subject to subsection (2) of this section a person arrested, detained, or charged with an offence punishable by imprisonment of three years or more is not bailable as of right. (2) A Court may, on an application, grant bail to a person arrested, detained, or charged with an offence punishable by imprisonment of three years or more unless the Court finds that any of the circumstances in section 240(2) of this Law exists.

245. Bail where person is charged with offence punishable by imprisonment less than three years. Unless any of the circumstances in section 240(2) of this Law exist, a person or defendant arrested, detained, or charged with an offence for which the maximum punishment is less than 3 years’ imprisonment is bailable as of right.

246. Bail in respect of offences under the Violence Against Persons (VAP) Law. Notwithstanding section 244 or 245 of this Law, in deciding whether or not to grant bail to a defendant charged with an offence under the Violence Against Persons (VAP) Law, the Court’s primary consideration is the need to protect: (a) the victim of the alleged offence; (b) any particular person or people in a family relationship with the victim; and (c) every person who is protected under a Protection Order under the Violence Against Persons Law.

247. Bail in respect of matters in other offences. Where a defendant is brought before a Court on any process in respect of any matter not included within sections 240 to 246 of this Law, the Court may grant the person bail upon his or her entering a recognisance for his or her appearance before the Court or another Court, at the time and place the recognisance specifies.

248. Exercise of discretion when considering bail pending sentencing. (1) If a defendant is found guilty or pleads guilty to an offence, the Court must not grant bail unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so. (2) The onus is on the defendant to show cause why bail should be granted. (3) When considering the interests of justice under subsection (1) of this Section, the Court may, instead of the considerations in section 240 of this Law, take into account the following considerations: (a) whether the defendant is likely to receive a sentence of imprisonment; (b) the likely length of time that will pass before the defendant is sentenced; (c) the personal circumstances of the defendant and the defendant’s immediate family; and (d) any other consideration that the Court considers relevant. (4) Despite being satisfied that it would otherwise be in the interests of justice to grant bail, the Court may remand the defendant in custody for the purpose described in subsection (5) of this Section if it is satisfied that: (a) the defendant has breached a condition of bail imposed under section 260(6) of this Law; and (b) there is no other reasonable means to achieve the purpose described in subsection (5) of this Section. (5) The purpose referred to in subsection (4) of this Section is to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable time frame.

249. Exercise of discretion when considering bail pending appeal. (1) This section applies if an appellant: (a) is appealing his or her conviction or sentence, or both; and (b) is in custody. (2) The Court must not grant bail to the appellant unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so. (3) The onus is on the appellant to show cause why bail should be granted. (4) When considering the interests of justice under subsection (3) of this Section the Court may, instead of the considerations in section 240 of this Law, take into account the following considerations: (a) the apparent strength of the grounds of appeal; (b) the length of the sentence that has been imposed on the appellant; (c) the likely length of time that will pass before the appeal is heard; (d) the personal circumstances of the appellant and the appellant’s immediate family; and (e) any other consideration that the Court considers relevant.

250. Bail hearing may be in private. A Court may, having regard to the interests of the defendant or any other person and to the public interest, order that the whole or any part of an application for bail or an appeal against a bail decision be heard in private.

251. Police officer may grant bail. (1) Any police officer may, if the officer considers it prudent to do so, grant bail (police bail) to a defendant who is charged with an offence and has been arrested without a warrant. (2) In determining whether it is prudent to grant police bail to a defendant charged with an offence under the Violence Against Persons Law (VAP), the police officer must make the primary consideration the need to protect: (a) the victim of the alleged offence; (b) any particular person or people in a family relationship with the victim; and (c) every person who is protected by a Protection Order under the Violence Against Persons (VAP) Law.

252. Notice of Police bail. (1) A police officer who grants police bail must ensure that a notice of police bail is completed in accordance with subsection (2) of this Section. (2) A notice of police bail must: (a) state: (i) the defendant’s full name and address, (ii) the particulars of the charge, (iii) the conditions of bail, including the time, date, and place for attendance by the defendant before a Court, and (iv) any other information required by rules that currently exist or made under section 729 of this Law (rules); and (b) be dated. (3) The police officer who grants bail must: (a) give the notice of police bail to the defendant; (b) ensure that the defendant understands the conditions of bail; and (c) ensure that the defendant authenticates the notice by acknowledging receipt of it in writing.

253. Conditions of police bail. (1) It is a condition of every grant of police bail that the defendant must attend personally before a Court at the time, date, and place specified in the notice of bail. (2) A police officer who grants police bail may impose, in addition to the condition imposed by subsection 1 of this Section, any condition of the bail that might be imposed by a Court under section 260(3) or (7) of this Law. (3) However, subsection (2) only applies if: (a) the time stated in the notice of police bail for the defendant’s appearance before a Court is less than 7 days from the date of that notice; or (b) the Court that the defendant must attend will be closed for more than 7 consecutive days after the date of the defendant’s arrest.

254. Conditions of police bail granted to defendant charged with an offence under the Violence Against Persons (VAP) Law. A police officer who grants police bail to a defendant charged with an offence under the Violence Against Persons(VAP) Law may impose as a condition of the bail (in addition to the condition or conditions imposed under section 253 of this Law any condition that the officer considers reasonably necessary to protect: (a) the victim of the alleged offence; (b) any particular person or people in a family relationship with the victim; (c) every person who is protected by a Protection Order under the Violence Against Persons (VAP) Law.

255. Bail and breach of protection order. (1) If a person is arrested under section 37 of the Violence Against Persons(VAP) Law and charged with an offence against section 40 of that Law, the person must not be released on bail by a Police officer under section 263 of this Law during the 24 hours immediately following the arrest. (2) Nothing in subsection (1) of this Section limits or affects the obligation of the Police to bring a person who is charged with an offence before a Court as soon as possible. (3) If a person to whom subsection (1) of this Section applies is not brought before a Court during the 24 hours immediately following the arrest, the person may, at the expiry of that period, be released on bail by a police officer under section 253 of this Law. (4) If a person to whom subsection (1) of this Section applies has also been charged with one or more other offences arising out of the same incident, the person must not be released on bail by a police officer under section 253 of this Law in respect of any of those offences during the 24 hours immediately following the arrest for an offence against section 40 of the Violence Against Persons (VAP) Law.

256. Failure to answer police bail. (1) A defendant commits an offence if the defendant, having been released on police bail under section 253 of this Law: (a) fails without reasonable excuse to attend personally at the time and the Court specified in the notice of Police bail; or (b) fails without reasonable excuse to attend personally at the time and place to which the hearing has been adjourned. (2) A person who commits an offence under subsection (1) of this Section is liable on conviction to: (a) imprisonment for a term not exceeding 3 months; or (b) a fine not exceeding N300,000.00 (Three Hundred Thousand Naira).

257. Breach of condition of police bail. Section 283 of this Law applies with any necessary modifications, to a defendant who has been released on Police bail granted under section 253 of this Law and who fails to comply with any condition of that bail.

258. Warrant for detention of defendant remanded on bail. If the defendant is granted bail but is not released within the period specified in section 265(3) of this Law, the Court may: (a) issue a warrant for the defendant’s detention in custody until a date, time, and place appointed for bail to be reconsidered (which date and time must be as soon as reasonably practicable); and (b) certify on the warrant the fact that the Court has granted the defendant bail, and the condition or conditions imposed.

259. Defendant, if bailable as of right, to be brought before court on request. (1) A defendant who is bailable as of right must, if the defendant so requests, be brought before a Court for the purpose of making an application for bail if the defendant did not make application for bail under this Law at the time of his or her remand. (2) The application may be granted as if it were an application made at the time at which the defendant was remanded. (3) If bail is granted under this section, the particulars required to be certified under section 258(b) of this Law must be certified in writing by the Court granting bail, and forwarded to the Superintendent in Charge of the Custodial Centre or person in charge of the police station in which the defendant is detained under remand.

260. Conditions of bail. (1) A Court exercising its discretion to grant bail must consider the circumstances of the case and must not impose conditions that are excessive. (2) Subject to section 265 of this Law, if a defendant is granted bail, the defendant must be released on condition that the defendant attend personally: (a) at the time and place at which the Court hearing is adjourned; or (b) at every time and place to which, during the course of the proceedings, the Court hearing may from time to time be adjourned. (3) A Court may require the deposit of any security as the Court may specify from the defendant or the defendant’s surety before the bail is approved. (4) The security deposited must be returned to the defendant or the defendant’s surety or sureties (as the case may be) at the end of the trial, or on an application by the surety to the Court to discharge his or her recognisance. (5) A Court may impose, as further conditions of the defendant’s release, a condition that the defendant report to the police at the time or times and at the place or places that the Court orders. (6) When considering bail pending sentencing, a Court may impose any condition that it considers reasonably necessary to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable time frame. (7) Whether or not the Court imposes a condition under subsection (3), (5) or (6) of this Section, it may impose any other condition that it considers reasonably necessary to ensure that the defendant: (a) appears in Court on the date to which the defendant has been remanded; (b) does not interfere with any witness or any evidence against the defendant; and (c) does not commit any offence while on bail.

261. Conditions of bail granted to defendant charged with an offence under the Violence against Persons (VAP) Law. A Court that grants bail to a defendant charged with an offence under the Violence Against Persons(VAP) Law may impose as a condition of the bail (in addition to the condition or conditions imposed under section 260 of this Law any condition that the Court considers reasonably necessary to protect: (a) the victim of the alleged offence; (b) any particular person or people in a family relationship with the victim; and (c) every person who is protected under by a Protection Order under the Violence Against Persons Law.

262. Recognisance in respect of a child. Where a Court requires recognisance of a defendant that is a child, the child shall not execute the recognisance, but the Court shall require a parent, legal guardian, or other fit person to enter a recognisance (with or without sureties) that the child will comply with the Court’s order.

263. Sureties. (1) Where a Court grants bail, it may require the defendant to produce any number of sureties that, in the Court’s opinion, will be sufficient to ensure the defendant’s appearance anytime it is required. (2) For the purpose of subsection (1) of this section, the Court may require the defendant and the defendant’s surety or sureties to enter a recognisance. (3) A person’s gender must not be a ground to deny or otherwise restrict him or her from standing as a surety or entering a recognisance on any defendant’s behalf.

264. Court before whom recognizance may be executed. (1) The terms of recognisance fixed by the Court in respect to any surety or sureties shall be processed in that Court. (2) The recognisance mentioned in subsection (1) of this section may be entered by the parties before any other Court, any registrar, superior police officer, officer in charge of a police station or any official in charge of a Custodial Centre. (3) A recognisance entered under subsection (2) of this section shall have the same effect as if they have been entered into before the Court that fixed the terms of the recognisance.

265. Release of a defendant granted bail. (1) If a defendant is granted bail, the Court registrar must prepare a notice of bail or a bail bond (whichever is applicable) setting out the conditions of bail imposed by or under section 260 or 261 of this Law. (2) The registrar or (as the case may require) another Court official or Superintendent in Charge of the Custodial Centre, or person in charge of the police station or other lawful place of detention in which the defendant is detained must: (a) give the notice of bail or bail bond to the defendant; (b) be satisfied that the defendant understands the conditions of bail; and (c) require the defendant to authenticate the notice of bail or bail bond acknowledging receipt of the relevant notice in writing. (3) If a defendant is granted bail, the Judge or Magistrate may direct that the defendant be detained in the custody of the Court: (a) for such time, not exceeding 4 hours, as may be necessary to enable the notice of bail or bail bond to be prepared and authenticated; and (b) if, within the 4-hour period, the defendant is not released (whether by reason of having refused to accept the notice of bail or bail bond or for any other reason), the Court may direct that the defendant be detained for such time as may be necessary to enable a warrant to be issued under section 258 of this Law. (4) If bail is granted to a defendant who: (a) has been remanded in custody; and (b) has entered a recognisance under section 247 of this Law or in respect of whom any required sum or other security has been deposited in the Court’s registry; the defendant must be released from custody as soon as is reasonably practicable after the defendant has authenticated the notice of bail or bail bond by acknowledging receipt of it in writing. (5) For the purpose of subsection (4) of this Section, the Court that grants bail to the defendant shall issue a written order of release to the Superintendent in Charge of the Custodial Centre or person in charge of any other place of detention, who shall, on receiving the order, immediately comply with subsection (2) of this section and release the defendant. (6) The release order or any process connected with it may be served according to the relevant law regulating the service of Court processes, or by any person or courier company the Chief Judge may authorise to serve criminal processes of the Court. (7) Nothing in this section or any other section relating to bail is deemed to require the release of a defendant liable to be detained for another offence; unrelated to the offence for which the recognisance is entered or to which the bail relates.

266. Mode of entering a recognizance. Where a defendant is required to enter a recognisance with sureties as a condition for the defendant’s release: (a) the recognisance of the sureties may be taken separately – either before or after the defendant’s recognizance; and (b) where paragraph (a) of this Section applies, the recognisance of the defendant and sureties shall be as binding as if they were taken together at the same time.

267. Variation of conditions of bail. (1) The Court for the time being having jurisdiction in the proceeding for an offence with which a defendant has been charged may, on the application of the defendant or the prosecutor, make an order varying or revoking any condition of bail or substituting or imposing any other condition of bail. (2) If a Court has, in granting bail to any defendant, imposed the condition that the defendant must report to the police at one or more designated times and places, the Court may, on the defendant’s application, make an order varying the time or times or the place or places at which the defendant is required to so report. (3) No application may be made under subsection (1) and (2) of this Section in respect of a bail bond that has been entered in any case where sureties are required, unless the sureties to the bail bond have consented to the making of the application.

268. Consequences of variation of conditions of bail. (1) If a Court varies or revokes any condition of bail or substitutes or imposes any other condition of bail under section 267(1) of this Law, the following provisions apply: (a) if the defendant is present at the Court, a Court registrar must: (i) as soon as is reasonably practicable, prepare a new notice of bail or bail bond (whichever is applicable) setting out the conditions of bail as amended (if any), and (ii) be satisfied that the defendant understands the conditions of bail, and (iii) require the defendant to authenticate the notice of bail or bail bond by acknowledging receipt of the relevant notice in writing; (b) if the defendant is not present at the Court, a Court registrar must send written notice to the defendant and to every surety (if any) requiring them to attend at a specified time and place for the execution of a fresh notice of bail or bail bond that contains the conditions as amended (if any). (2) If, in any case to which subsection (1) of this Section applies, the defendant fails without reasonable excuse to attend at the time and place required, or fails to authenticate a fresh notice of bail or bail bond, the registrar of the Court at the place where the condition of bail was varied or revoked or substituted or imposed must refer the matter to a Judge or Magistrate, who may issue a warrant for the arrest of the defendant.

269. Judge may vary bail conditions set by Magistrate or police. (1) A High Court Judge may, on an application, direct that: (a) bail conditions set by a Magistrate or police officer be varied; or (b) a defendant in custody within the State be admitted to bail. (2) Where a Judge: (a) varies the bail conditions under subsection (1)(a) of this section, section 268 of this Law shall apply with any necessary modifications; or (b) grants a defendant bail under subsection (1)(b) of this section, section 265 of this Law shall apply with any necessary modifications.

270. Reconsideration of bail on Attorney-General’s application. (1) Where a Court grants a defendant bail and circumstances arise which, in the Attorney-General’s opinion, justify the Court’s revocation of the bail or variation of the bail conditions, the Court may, on the Attorney-General’s application: (a) issue a warrant for the defendant’s arrest; and (b) after giving the defendant an opportunity to be heard: (i) commit the defendant to a Custodial Centre to await trial, or (ii) grant the defendant bail on the same or varied terms and conditions. (2) Where a Court, under subsection (1)(b)(ii) of this section: (a) varies the defendant’s bail conditions, section 268 of this Law shall apply with any necessary modifications; or (b) grants the defendant fresh bail on the same terms, section 265 of this Law shall apply with any necessary modifications.

271. Reconsideration of bail amount on application by Law Officer or police. (1) Where a Court grants a defendant bail and a Law Officer or police officer shows, through an application, that circumstances have arisen which, if known at the time of the bail application, would justify the Court’s refusal of bail, or grant bail at a higher amount, the Court may issue a warrant for the defendant’s arrest and, after giving the defendant an opportunity to be heard: (a) commit the defendant to a Custodial Centre to await trial; or (b) grant the defendant bail for the same or an increased amount as the Court may deem appropriate in the circumstances. (2) Where a Court, under subsection (1)(b) of this section: (a) varies the defendant’s bail conditions, section 268 of this Law shall apply with any necessary modifications; or (b) grants the defendant fresh bail on the same terms, section 265 of this Law shall apply with any necessary modifications.

272. Variation of recognizance if surety unsuitable. Where, at any time after a recognisance has been entered, it appears to the Court that the surety or sureties are unsuitable for any reason, the Court may: (a) issue a summons or warrant to compel the defendant’s appearance; and (b) on the defendant’s appearance in Court, order him or her to execute a fresh recognizance of one or more sureties (as the case may be).

273. Discharge of sureties. (1) Any surety to a recognisance may, at any time, apply to the Court that ordered the recognisance to discharge the bond either entirely or insofar as it relates to the applicant. (2) If the Court grants an application under subsection (1) of this Section, it shall issue a warrant for the defendant’s arrest (3) If the Court grants an application under subsection (1) of this section: (a) it shall issue a warrant for the arrest of the defendant on whose behalf the recognisance was executed and, on the defendant's appearance; (b) shall discharge the recognisance either wholly or so far as relates to the applicant; (c) shall require the defendant to find other sufficient sureties or meet some other conditions; and (d) if the defendant fails to do so, may make such order as it considers fit.

274. Order of fresh security upon original order. Where a surety to a recognisance becomes insolvent or dies, or where a recognisance is forfeited, the Court may order the defendant from whom the recognisance was demanded to furnish fresh security according to the directions of the original order and, if the security is not furnished, the Court may proceed as if the defendant defaulted in complying with the original order.

275. Forfeiture of recognizance. (1) Where a Court orders a recognisance and a person proves to that Court’s satisfaction that the recognisance (including a bond to appear before a Court) has been forfeited, the Court: (a) shall record the grounds of proof; and (b) may call on any person bound by the bond to pay the penalty prescribed under it or to show cause why it should not be paid. (2) Where a person defaults in paying a penalty under subsection (1)(b) of this section, the Court may proceed to recover the penalty from the person or, where the person is dead, his or her estate, in the manner prescribed in this Law for the recovery of a fine. (3) A surety’s estate shall only be liable under this section if the surety dies after the recognisance is forfeited. (4) Where the penalty in subsection (1)(b) of this Section is neither paid nor recovered in the manner this Law prescribes, the person bound shall be liable to imprisonment for a term not exceeding six months. (5) The Court may, at its discretion, remit any portion of the penalty and enforce payment in part only.

276. Mitigation of forfeiture. A Court may, at any time, cancel or mitigate the forfeiture of a recognisance if the person liable under the recognisance: (a) applies for the cancellation or mitigation; (b) gives security for the future performance of the condition; and (c) pays or gives security for the payment of the costs incurred concerning the forfeiture, or on such other conditions as the Court considers just in the circumstances.

277. Where defendant fails to find surety. Where a defendant fails to provide the sureties required by the Court, the Court may, unless it is imprudent to do so: (a) in the case of a defendant charged with an offence and released on bail, order the defendant’s arrest and committal to a Custodial Centre until the defendant is: (i) brought to trial, (ii) discharged, (iii) finds sufficient sureties, or (iv) meets such other conditions as the Court may direct in the circumstances. (b) in the case of a defendant orders to give security for good behaviour, commit the defendant’s arrest and committal to a Custodial Centre: (i) for the remainder of the period for which the defendant was originally ordered to give security, or (ii) until the defendant finds sufficient sureties.

278. Warrant may issue where recognizance is forfeited. Where a recognisance is ordered to be forfeited, the Court having jurisdiction over the matter may (subject to this Law) immediately, or at any time after the order, issue a warrant to arrest and commit any person liable under the recognisance (whether as defendant or surety) to a term of imprisonment not exceeding the term prescribed in respect of a like sum in the scale of imprisonment set out in the Fourth Schedule to this Law, unless the amount due under the recognisance is paid.

279. Defendant on bail may be arrested without warrant in certain circumstance. (1) Any police officer may arrest without warrant a defendant who has been released on bail by a Court or police officer if the arresting officer believes on reasonable grounds that: (a) the defendant has absconded or is about to abscond for the purpose of evading justice; or (b) the defendant has contravened or failed to comply with any condition of bail. (2) A defendant who is arrested under subsection (1) of this Section must be brought before the Court that has jurisdiction to try the offence with which the defendant has been accused or charged as soon as possible. (3) In any such case, the Judge or Magistrate, on being satisfied that the defendant had absconded or was about to abscond or has contravened or failed to comply with any condition of bail, must reconsider the question of bail. (4) After a defendant has been arrested under subsection (1) of this Section, the defendant cannot be bailed as of right and is bailable only at the Court’s discretion, considering the factors under section 241 of this Law. (5) Nothing in this section prevents a law enforcement officer from seeking a warrant to arrest a defendant under section 280 of this Law.

280. Issuance of warrant to arrest a defendant absconding or breaching bail condition or who fails to answer bail. (1) A Judge or Magistrate may issue a warrant for the arrest of a defendant if: (a) the Judge or Magistrate is satisfied by evidence on oath that: (i) the defendant has absconded or is about to abscond for the purpose of evading justice, or (ii) the defendant has contravened or failed to comply with any condition of bail; or (b) the defendant: (i) does not attend personally at the time and place specified in the notice of bail or, as the case may be, the bail bond, or (ii) does not attend personally at any time or place to which during the course of the proceedings the hearing has been adjourned. (2) A warrant to arrest a defendant under this section must be directed to a law enforcement officer by name or generally to every law enforcement officer. (3) The warrant may be executed by any law enforcement officer. (4) For the purpose of executing a warrant issued under this section, the law enforcement officer executing it may at any time enter on to any premises, by force, if necessary, if the officer has reasonable grounds to believe that the defendant against whom it is issued is within those premises. (5) If a defendant is arrested under a warrant issued under this section, section 279(2) to (4) of this Law apply as if the defendant had been arrested under subsection 280 of this Section.

281. Failure to answer bail. (1) A defendant commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding N600,000.00 (Six Hundred Thousand Naira) who, having been released on bail by a Court: (a) fails without reasonable excuse to attend personally at the time and the Court specified in the notice of bail or bail bond; or (b) fails without reasonable excuse to attend personally at any time and place to which during the course of the proceedings the hearing has been adjourned. (2) Where a defendant bound by a recognisance or bond to appear before a Court or police station fails to do so, the Court may issue a warrant for his or her arrest.

282. Non-performance of condition of bail may be certified and recorded. (1) If a defendant who has been released on bail at any time fails to comply with any condition of bail, a Judge or Magistrate may certify the non-performance of that condition on the notice of bail or, as the case may require, the bail bond. (2) A certificate given by a Judge or Magistrate under subsection 282 of this Section is, in the absence of proof to the contrary, sufficient evidence for the purposes of sections 256 and 281 of this Law that the defendant has failed to comply with the condition of the notice of bail or bail bond specified in the certificate. (3) In addition to the certification described in subsection (1) of this Section, if a defendant who has been released on bail at any time fails to comply with any condition of bail, without reasonable excuse, a Judge or Magistrate must (subject to subsection (4) of this Section) direct the registrar that the nature of the condition and the non-performance of the condition be entered in the Court record kept in accordance with section 731 of this Law. (4) Notwithstanding subsection (3) of this Section, the Judge or Magistrate may decide not to direct that the failure to comply be entered in the Court record if in the Judge’s or Magistrate’s opinion the failure to comply is of such a minor nature that it does not warrant being taken into account when considering an application for bail from the defendant on a subsequent occasion. (5) A failure to comply with any condition of bail that is entered in the Court record under subsection (3) of this Section may be considered in any subsequent application for bail made by that defendant over his or her lifetime.

283. Court must order bail money to be paid to the State unless justice, etc requires money to be returned to surety. (1) If a defendant’s failure to comply with a condition of bail has been entered in the Court record under section 282(3) of this Law, any money paid by a surety under a bail bond is forfeited. (2) The Court must order money forfeited under a bail bond to be paid to the State, unless the Court considers that equity and good conscience and the real merits and justice of the case require the money to be returned to the surety. (3) Where the Court orders a forfeiture, all sums shall be paid to the Treasury and a receipt issued, which must be produced in Court as evidence of payment.

284. Forfeiture subject to appeal. An order of forfeiture made under this Law shall be subject to appeal.

285. Granting of bail to appellant in custody pending appeal to High Court. (1) This section applies if an appellant: (a) is appealing his or her conviction or sentence, or both, from the Magistrates’ Court to the High Court; and (b) is in custody. (2) If the appellant is in custody, the appellant is bailable only under the conviction to which the appeal relates, at any time before the hearing of the appeal as follows: (a) before the transmission of the record of appeal to the High Court: (i) at the discretion of the Magistrate who presided over the Court whose determination is appealed against, or (ii) if that Magistrate is not available, at the discretion of another Magistrate; or (b) after the transmission of the record of appeal to the High Court, at the discretion of a High Court Judge. (3) Subject to section 265 of this Law, if an appellant is granted bail, the appellant must be released on condition that the appellant attend personally at the High Court at the place where the appeal is being dealt with on the day on which the appeal is to be heard and on any day to which the hearing may from time to time be adjourned. (4) If an appellant is granted bail under this section, sections 260 to 267, 279, 280, 281 and 282 of this Law, as far as they are applicable and with any necessary modifications, apply as if the appellant were a defendant remanded in custody who had been granted bail.

286. Time on bail pending appeal not to be taken as time served. (1) This section applies in addition to section 285 of this Law. (2) A Court must not grant bail to an appellant unless it is satisfied on a balance of probabilities that it would be in the interests of justice to do so in a particular case. (3) The presumption favours the denial of bail, and the onus is on the appellant to show why bail should be granted. (4) When considering the interests of justice under subsection (2) of this Section the Court may, instead of the considerations in section 240 of this Law, take into account the following considerations: (a) the apparent strength of the grounds of appeal; (b) the length of the sentence that has been imposed on the appellant; (c) the likely length of time that will pass before the appeal is heard; (d) the personal circumstances of the appellant and the appellant’s immediate family; and (e) any other consideration that the Court considers relevant.

287. Time on bail pending appeal not to be taken as time served. Any time during which an appellant is released from detention on bail pending an appeal does not count as time served under any sentence.

288. Registration of Bondsperson. (1) The Chief Judge may, by regulation, register and license individuals or corporate bodies to act as a Bondsperson within one or more Judicial Divisions and/or Magisterial Districts; provided that the regulations in the Eight Schedule to this Law shall operate until the Chief Judge exercises his power under this section. (2) The regulation referred to in subsection (1) of this section shall specify the qualification for registration and grounds for revocation of licence of the Bondsperson. (3) No person shall provide bail bond services without first registering and receiving a licence under the applicable regulations in subsection (1) of this section. (4) Any person who provides bail bond services without first registering and receiving a licence under this Law, or otherwise violates the terms of the licence, shall be liable to a fine of N1,000,000.00 (One Million Naira) or imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment term. (5) Where a person is convicted under subsection (4) of this section, the Court shall forward a report to the Chief Judge and, where there is gross violation of the licence terms, the Chief Judge shall revoke the licence. (6) A Bondsperson registered under subsection (1) of this section may do the following on behalf of any person granted bail by a Court within the Division or District in which the Bondsperson is registered: (a) enter a recognizance; (b) act as surety; or (c) guarantee the deposit of money required by the bail condition. (7) It must be a condition for registration as a Bondsperson that the applicant: (a) is a person of unquestionable character and integrity, or, in the case of non- natural person, composed of persons of unquestionable character and integrity; and (b) must deposit a bank guarantee with the Chief Judge in the amount the Chief Judge determines in the regulation, having regard to the registered class or limit of the Bondsperson’s recognisance. (8) A registered Bondsperson must maintain with a bank or insurance company designated in his licence a fully paid deposit at least equal to the upper limit of the bonds or recognisances that the Bondsperson’s licence permits. (9) The Chief Judge must withdraw or direct the withdrawal of a Bondsperson’s licence in the following circumstances: (a) where the Bondsperson contravenes the terms of his, her or its license; (b) where the Bondsperson unreasonably forfeits a bond for non-production of any person granted bail under the Bondsperson’s recognizance; (c) where the Bondsperson becomes insolvent, bankrupt, or otherwise legally incapacitated; or (d) if the Bondsperson is convicted for an offence involving fraud or dishonesty.

289. Bondsperson may arrest absconding defendant or person granted bail. (1) A Bondsperson may arrest without warrant a defendant or other person who has been released on bail by a Court or police officer, if the Bondsperson believes on reasonable grounds that: (a) the defendant or person has absconded or is about to abscond for the purpose of evading justice; or (b) the defendant or person has contravened or failed to comply with any condition of bail. (2) Where a Bondsperson arrests a defendant or person under subsection (1) of this section, the Bondsperson shall: (a) immediately handover the arrested defendant or person to the nearest police station, and (b) the arrested defendant or person must be taken to the appropriate Court within 12 hours of the handover under paragraph (a) of this Section, or the next working day where the 12 hours expires on a weekend (i.e., Saturday or Sunday) or a public holiday.

290. Application of this Part. This Part and the provisions of this Law apply to all criminal trials and proceedings unless express provision is made in respect of any particular Court or form of trial or proceeding.

291. General authority to bring person before Courts. A Court has authority to compel any of the following category of persons to appear before it and may deal with that person by applying all its lawful powers: (a) a person within the Court’s jurisdiction; (b) a person charged with an offence committed within the State; and (c) a person charged with an offence which, according to law, may be dealt with as if the offence had been committed within the State.

292. Right of making complaint. (1) A person may make a complaint against any other person alleged to have committed or to be committing an offence. (2) Notwithstanding anything to the contrary contained in any other enactment, a law enforcement officer may make a complaint in a case of assault even if the aggrieved party declines or refuses to make a complaint.

293. Form of complaint. (1) A complainant is not mandated to make his or her complaint in writing unless an enactment requires it to be in writing, and where a complaint is not made in writing, the Court or registrar must reduce it into writing. (2) Subject to section 126 of this Law, a complaint may be made without an oath, unless an enactment requires it to be on oath. (3) A complainant may make his or her complaint in person, or through a legal practitioner representing him or her, or by any person the complainant authorises in writing in that behalf. (4) A complaint shall be for one offence only; provided that the complainant’s description of the offence in alternative words following the language of the Law creating the offence shall not invalidate it. (5) A Court may refer any complaint directly made to it to the police or an appropriate law enforcement agency for investigation before taking any action.

294. Form of documents in criminal proceedings. A complaint, summons, warrant or any other document concerning or connected with any criminal proceedings shall be sufficient if it contains a statement of the specific offence with which a person is charged and enough facts to give information as to the nature of the charge.

295. Rule as to statement of exception. A defendant may prove any legitimate exception, condition or qualification however described and wherever located, even if it is neither specified nor refuted in the complaint; provided that where the defendant raises the exception, condition or qualification, no proof of it is required from the complainant.

296. Limitation of period for making private complaint. Where the Law creating a summary conviction offence does not limit the time for making a complaint, a person (other than a person acting in his or her official capacity) may make the complaint not later than six years after the commission of the alleged offence.

297. Venue generally. (1) Any inquiry or trial of an offence shall ordinarily occur in a Court located in the jurisdiction where: (a) the offence (or any part of it) is alleged to have been committed; (b) the consequence of the offence (or any part of it) occurred; or (c) the defendant, or the property in respect of which the offence is alleged to have been committed, can be found. (2) A criminal charge shall be filed and tried in the Division or District where the alleged offence was committed, unless it is shown that another venue is more suitable for security reasons. (3) The Commissioner of Police and/or Delta State Commandant of the Nigeria Security and Civil Defence Corps shall ensure that one or more armed policemen or personnel (as the circumstances may require) are posted to provide security during every criminal trial.

298. Offence at sea or outside Nigeria. The Courts of the State may only exercise criminal jurisdiction over an offence committed at sea or outside the territory of Nigeria where: (a) the offence is not subject to the Federal High Court’s exclusive jurisdiction; (b) an enactment states that the person accused of the offence may be tried at any place in Nigeria where the person is first brought or subsequently taken; and (c) the person is brought or taken to the State for the trial of the offence.

299. Offence committed on a journey. The following Courts may exercise jurisdiction over an offence committed during a journey: (a) a Court in the Division or District where the person accused of the offence or the victim of the alleged crime either resides or is found; or (b) a Court in any Division or District that is passed during the journey.

300. Offence committed and completed in different State. Where an offence: (a) commences in the State and is completed in another State; (b) commences in another State and is completed in Delta State; a Court in the appropriate District or Division in the State may exercise jurisdiction as if the entire offence was committed within the State.

301. Chief Judge to decide question on Court of inquiry or place of trial. The Chief Judge shall decide any question on which between two or more Courts in the State should inquire into or try any offence.

302. Chief Judge may transfer a case. The Chief Judge may transfer a case where the Chief Judge is satisfied that the transfer is necessary to prevent a breakdown of law and order or to promote the ends of justice.

303. When case may be remitted by another Court. (1) A Court before which a person charged with an offence (described in this section and section 304 of this Law as the remitting Court) shall send the entire case file to the head of that Court for reassignment to another Court where the remitting Court is satisfied that another Court should inquire into or try the offence. (2) For the purpose of subsection (1) of this Section, the remitting Court: (a) must send the case file to the Head of the Court within 7 days from the date it decides that another Court should inquire into or try the offence; and (b) may remand the person charged with the offence to custody or require the person to give security for his or her attendance at the other Court.

304. Removal under warrant. (1) Where a remitting Court decides to remand a person in custody under section 303(2)(b) of this Law, it shall issue a warrant, and the warrant shall be sufficient authority for the person(s) to whom it is directed to: (a) arrest and detain the person named in the warrant; and (b) produce the person to the Court to which the case it remitted. (2) The person to whom the warrant is directed shall execute it according to its terms without any delay.

305. Transfer of case where complaint is not within court’s territorial jurisdiction. (1) Where a complaint is brought before a Court that is not the correct venue under sections 297, 298 or 300 of this Law, the Court may transfer the case to a Court at the correct venue. (2) Where the person accused of an offence is: (a) in custody and the transferring Court believes that it is expedient for the person to remain in custody; or (b) not in custody and the transferring Court believes that the person should be remanded to custody; the transferring Court shall commit the person to a Custodial Centre until the person can be taken to a Court at the correct venue and may require such security as the Court thinks appropriate in the circumstances.

306. Transfer to wrong court. (1) If a case is transferred to a Court, but the Court to which it is transferred is not the correct Court, the Court to which the proceeding is transferred may transfer the proceeding to the appropriate Court. (2) If the Court that is transferring the proceeding so directs, the registrar of that Court must give notice (or ensure that notice is given) to the prosecutor and the defendant, of the date and time at which the defendant must report to the Court to which the proceedings have been transferred. (3) If the defendant has been released on bail, the conditions of bail are deemed to be varied in accordance with the notice, and no new notice of bail is required. (4) If the defendant has been remanded in custody, the registrar must, if necessary, issue a new warrant for the defendant’s detention that accords with the date and time on which, and place to which, the defendant must report.

307. Court may assume jurisdiction under certain conditions. (1) Notwithstanding sections 297, 302, 305 and 306 of this Law, a Judge or Magistrate of a Division or District in which a person: (a) is arrested and charged with an offence allegedly committed in another division or district; (b) is in custody on the said charge; or (c) has appeared to answer a summons lawfully issued in connection with the offence; may, where doing so would serve the interests of justice by facilitating easier access of witnesses to the Court, assume jurisdiction and try the case as if the offence was committed in that division or district. (2) The offence referred in subsection (1) of this section shall for all purposes be deemed to have been committed in that division or district.

308. Assumption of jurisdiction after commencement of proceedings. Where a case is commenced in an incorrect Division or District, the Court may assume jurisdiction under section 307 of this Law and all acts performed and decisions given by the Court during the entire proceedings shall be deemed to be valid.

309. Methods of instituting criminal proceedings generally. Subject to the provisions of any other enactment, criminal proceedings under this Law may be instituted: (a) summarily in the Magistrates’ Court on a complaint whether or not on oath; and (b) in the High Court: (i) by the Attorney-General’s filing of an information under section 434 of this Law, (ii) by a private legal practitioner’s filing of an information under the provisions of this Law, (iii) by information filed in the Court after a Judge or Magistrate has summarily committed a defendant for perjury under the provisions of this Law, or (iv) summarily in respect of contempt, or (v) by information or charge filed in the Court by any other prosecuting authority.

310. Prosecution of offences. Subject to the provisions of the Constitution concerning the Attorney-General’s powers of prosecution, the following persons shall undertake the prosecution of all offences in any Court in the State: (a) the Attorney-General; (b) a Law Officer in the Ministry of Justice; (c) a legal practitioner authorised by the Attorney-General; (d) a legal practitioner in the Nigeria Police Force or, in the absence of a legal practitioner, any officer in the Nigeria Police Force; provided that such officer can only prosecute in Courts other than the State High Court; or (e) any other person authorised by an enactment to prosecute an offence under that Law.

311. Methods of instituting criminal proceedings in a Magistrate’s Court. (1) Criminal proceedings in a Magistrate’s Court may be instituted by the following methods: (a) bringing a person arrested without a warrant before the Court on a charge contained in a charge sheet that: (i) specifies the name, address, age, sex, and occupation of the person charged, (ii) specifies the charge against him or her and the time and place where the offence is alleged to have been committed, and (iii) signed by any of the persons mentioned in Section 310 of this Law; and (b) subject to section 293 of this Law, by a complaint to the Court, either made on oath or not: (i) stating that a person has committed an offence, (ii) that the Magistrate can compel that person’s presence, and (iii) accompanied by an application, in the manner set out in this section, for the Magistrate to issue a summons directed to or a warrant to arrest the person. (2) Unless the Court allows a longer period, the prosecution shall serve the charge sheet on the defendant no later than 7 days after it files the charge along with: (a) a list of the prosecution’s witnesses; (b) a list of exhibits and documents on which the prosecution intends to rely at the trial; (c) copies of documents on which the prosecution intends to rely at the trial; and (d) statements of the witness(es) the prosecution intends to call at the trial; provided that the prosecution or the defendant may, with leave of the Court, file and serve additional documents. (3) The trial of a charge filed under subsection (1)(a) and (b) of this section shall commence no later than 30 days from the date of filing the charge, and the trial of the person brought under the charge shall be completed within a reasonable time, not exceeding 180 days from the defendant’s arraignment. (4) Where: (a) a charge is filed under subsection (1)(a) and (b) of this section and trial does not commence within 30 days from the date of filing the charge; or (b) the trial has commenced but has not been completed after 180 days from the defendant’s arraignment on that charge; the Magistrate must forward the particulars of the charge and reasons for failure to commence or to complete the trial to the Chief Judge. (5) A Magistrate’s Court that has assumed jurisdiction over criminal proceedings shall make quarterly returns to the Chief Judge of the particulars of all cases (including charges, remand and other proceedings) commenced and dealt with in the Court within the applicable quarter. (6) In reviewing the returns made by a Magistrate’s Court under subsections (4) and (5) of this section, the Chief Judge must consider the overriding objective in section 3 of this Law and the need to ensure that: (a) criminal matters are dealt with speedily; (b) the congestion of cases in Courts is drastically reduced; (c) the congestion of Custodial Centres is reduced to the barest minimum; and (d) persons awaiting trial are, as far as possible, not detained beyond time prescribed in section 158 of this Law. (7) To ensure the expeditious disposal of cases: (a) the Committee is empowered to request and consider all returns made to the Chief Judge under subsections (4) and (5) of this section; and (b) the Chief Judge shall, on request, make the returns under subsections (4) and (5) of this section available to the National Human Rights Commission.

312. Content of information. (1) This section applies to criminal proceedings in the High Court. (2) An information shall be in the form set out in Form 11 in the First Schedule to this Law, with such modifications as may be necessary to adapt it to the circumstances of each case. (3) An information shall contain: (a) a description of the offence charged in the information or, where more than one offence is charged, of each offence charged, and each offence charged shall be set out in a separate paragraph known as count; (b) a count in an information shall commence with a statement of offence charged; (c) the statement of offence shall briefly: (i) describe the offence charged in plain language, avoiding, where possible, the use of technical terms, (ii) state all the essential elements of the offence, and (iii) contain a reference to the section of the Law that defines the offence and prescribes its punishment; (d) where the Law that creates the offence does not give it any specific name, the count may include a reasonable definition of the offence to give the defendant notice of the offence with which the defendant is charged; (e) the count shall continue with the particulars of the offence, setting out the following in plain language: (i) particulars of the defendant, (ii) the place at which the offence is alleged to have occurred, (iii) the dates on or between which offence is alleged to have occurred, and (iv) the person against whom the offence is alleged to have been committed. (4) Where an information contains more than one count, the counts shall be numbered consecutively. (5) A statement of offence and the particulars of the offence may be varied according to the circumstances of each case. (6) A count in an information is presumed to have fulfilled every condition legally required to constitute an offence, however, where a Law limits the particulars of an offence required in an information, nothing in this subsection shall require any more particulars to be given than those so required. (7) The forms set out in the Third Schedule to this Law (concerning information precedents) or forms conforming to them as nearly as possible may be used in the cases to which they are applicable. (8) In other cases, forms similar or conforming to the forms set out in the Third Schedule may be used, where applicable.

313. Proof of evidence. (1) The prosecution shall, within 30 days after filing the Attorney-General’s legal advice, file and serve the information on the defendant or the defendant’s legal practitioner (if any) along with the following: (a) the proof of evidence, comprising: (i) the list of witnesses, (ii) the list of exhibits and documents on which the prosecution intends to rely, (iii) copies of the extra-judicial statements of the witnesses, (iv) copies of the defendant’s extra-judicial statement(s), (v) subject to section 58 of this Law, the witnesses’ written statements on oath, except the written statements on oath for any witness requiring a subpoena or summons (on whom, at the instance of the party calling the witness, Form 19 shall be served before filing that witness’ statement), (vi) copies of reports or materials that the prosecution intends to use to support its case at the trial, (vii) particulars of bail or any recognisance, bond, or cash deposit if the defendant is on bail, (viii) particulars of the place of the defendant’s custody, if the defendant is in custody, (ix) particulars of any plea bargain arranged with the defendant, (x) particulars of any interlocutory proceedings, including any application for remand in respect of the charge, and (xi) any other relevant document that the Court may direct; (b) a copy of the form indicating the defendant’s desire for legal representation, as indicated in section 162(6) of this Law. (2) The prosecution may, at any time before judgment, file a notice to adduce additional evidence. (3) Subject to section 58(4)(b) of this Law, the defendant shall file and serve the following documents on the prosecution: (a) the defendant’s list of witnesses; (b) the defendant’s written statement on oath (if any) and the defence witnesses’ written statements on oath; (c) the list of exhibits and documents on which the defendant intends to rely; and (d) copies of the documents on which the defendant intends to rely. (4) The defendant may, at any time before judgment, file a notice to adduce additional evidence.

314. Application of rules relating to charges. The provisions relating to charges in this Law shall apply to the counts of an information.

315. Filing of information. An information may be filed by: (a) the Attorney-General; (b) a Law Officer in the Ministry of Justice; (c) a public officer acting in his or her official capacity; (d) a Legal Officer of any prosecuting agency; and (e) subject to section 316 of this Law, by a private legal practitioner authorised by the Attorney-General.

316. Information by private legal practitioner. (1) The registrar shall receive an information from private legal practitioner only where: (a) the information is endorsed by the Attorney-General or a Law Officer acting on his or her behalf, stating that the Attorney-General has seen the information and has declined to prosecute the offence it sets out; and (b) the private legal practitioner enters a recognisance on the following conditions: (i) to diligently prosecute the information from inception to conclusion, (ii) the recognisance may be in such sum as the Court may fix with a surety, (iii) to pay such costs as the Court may order, or (iv) to deposit in the Court’s registry, such sum of money as the Court may fix. (2) The Attorney-General may communicate a decision declining prosecution under subsection 1(a) of this section within 15 working days after receiving the application.

317. Conditions for private prosecutors. Where the Attorney-General has given his or her consent and a private legal practitioner has complied with the other requirements under section 316 of this Law, the private legal practitioner shall sign the information and is entitled to prosecute it.

318. Venue and change of venue. (1) The place of trial shall be determined in accordance with section 297 of this Law. (2) Notwithstanding section 320 of this Law: (a) if the prosecution commences criminal proceedings in a Division that does not conform with section 297 of this Law (venue generally), a Court in that Division may try the case unless the defendant objects; in which case the Court may, where it considers the objection reasonable, transfer the case to the Division in which it ought to have been commenced; and (b) the prosecutor or the defendant may, whenever he or she considers that the ends of justice so require in any case, apply to the Court to either transfer the case from one Division to another, or from one part of the Division to another part of the same Division. (3) No appeal shall lie from any order of transfer made under this section.

319. Effect of change of venue. Where a case is transferred from one place in a Division to another place in the same Division, or to another Division entirely: (a) the case shall be tried and determined at the place to which it has been transferred, and (b) any recognisance, subpoena, and proceeding in or relating to the case are deemed to be returnable at the place to which the case has been transferred, and (c) all witnesses who are or summoned to attend the trial shall be informed accordingly and shall attend at the place to which the case has been transferred.

320. Formal notice of trial. (1) The registrar or any other person directed by the Court shall endorse on or annex to every information delivered to the Sheriff or proper officer for service, a notice of trial specifying the sessions at which the party is to be tried on the information. (2) The notice of trial under subsection (1) of this Section shall be in the following form or as near to it as possible: NOTICE OF TRIAL A.B. Take notice that you will be tried on the information of which this is a true copy, at the session to be held at .................... on the ........................ day of ................. 20................... Also find attached the "Information on Legal Representation" Form, which you must complete and return to the registrar of this Court within fourteen days of service on you of this notice of trial.

321. Copy of information and notice of trial to be delivered to Sheriff. The registrar or another properly designated Court official shall deliver (or ensure delivery) to the Sheriff or proper officer to serve the information and notice of trial, as many copies of the said information and notice as are necessary for service on each person bound to attend the trial.

322. Time and mode of summoning parties on information. The Sheriff or other proper officer shall, on receiving the information and notice of trial under section 321 of this Law, serve the documents on the person named in the notice at least 7 working days before the date specified on the notice.

323. Service of notice of trial on witnesses. The notice of trial shall be served at the same time on all witnesses, using the same procedure as service on a defendant who is not in custody.

324. Registered courier companies may serve processes. (1) The Chief Judge may engage the services of a reputable courier company to undertake the service of criminal processes, and such company shall serve the processes in accordance with this Law. (2) The appropriate official of such courier company serving the copy of information and notices shall immediately make to the registrar or other proper officer a return of the mode of service with the necessary endorsement of service on the person named on the notice or information.

325. Warrant where defendant does not appear. Where a defendant against whom an information has been duly issued, and on whom the information and notice of trial have been duly served, does not appear to plead to the information, whether the defendant is under a recognisance to appear or not, the Court may issue a warrant for the defendant’s arrest in accordance with section 368 of this Law.

326. Law officer or legal practitioner for State and defence in capital cases, etc. Where a defendant is accused of a capital offence or offence punishable by life imprisonment, a Law Officer, or a legal practitioner shall represent the State, and where the defendant is not represented by a legal practitioner, the Court shall assign a legal practitioner for the defendant’s defence in accordance with section 329 of this Law.

327. Time for raising certain objections, day to day trial and adjournments. (1) The defendant to be tried on an information or charge shall be arraigned in accordance with the provisions of this Law relating to the taking of pleas and the procedure on it. (2) After the defendant enters his or her plea, the defendant may raise any objection to the validity of the charge or the information at any time before judgment, and any such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivering the judgment; Provided that where the objection concerns jurisdiction, the defendant may raise it at any stage of the proceedings and the Court may rule on the jurisdictional objection before it delivers its judgment. (3) Upon the defendant’s arraignment, the trial of the defendant shall proceed from day- to-day until the conclusion of the trial. (4) Where day-to-day trial after arraignment is impractical, the Court must strictly apply the objective in section 29(1) of the Law, and, in any event the Court must not allow: (a) more than 5 adjournments between the defendant’s arraignment and the final judgment; and/or (b) more than a 14-day interval between each adjournment. (5) Where, for exceptionally compelling reasons, it is impractical to conclude a criminal proceeding after each party has exhausted its 5 adjournments, the Court must: (a) continue to apply the objective in section 29(1) of this Law strictly; and (b) not allow more than a 7-day interval (including weekends) between each adjournment. (6) In all circumstances, the Court may award costs to discourage frivolous adjournments and/or any other dilatory behaviour.

328. - (1) Trials at the High Court shall be held on information filed by any person named in section 315 of this Law, namely: (a) the Attorney-General; (b) a Law Officer in the Ministry of Justice; (c) a public officer acting in his or her official capacity; (d) a Legal Officer of any prosecuting agency; (e) by a private legal practitioner authorised by the Attorney-General; or (f) summarily under the provisions of this Law. (2) Trials at the Magistrates Court or any other subordinate Court or tribunal exercising criminal jurisdiction shall be held in accordance with the provisions of this Law concerning summary trials.

329. Non-appearance and non-representation by legal Practitioner. (1) Where a defendant charged before the Court is not represented by a legal practitioner, the Court shall: (a) inform the defendant of his or her right to representation by a legal practitioner of his or her choice; and (b) enquire from the defendant whether the defendant wishes: (i) to engage his or her own legal practitioner, or (ii) with the Court’s assistance, to apply for legal aid under the Legal Aid Council Act or, where the defendant qualifies, to be assigned a legal practitioner from the Office of the Public Defender. (2) Where the legal practitioner represents a defendant but fails to appear in the proceedings on two consecutive Court sessions, the Court shall enquire from the defendant whether he or she wishes: (a) to engage another legal practitioner of his or her choice; or (b) with the Court’s assistance, to apply for legal aid under the Legal Aid Council Act or, where the defendant qualifies, to be assigned a legal practitioner from the Office of the Public Defender. (3) Where the defendant wishes to engage another legal practitioner under subsection (2)(a) of this section, the Court shall allow him or her reasonable time (not exceeding 30 days) to do so. (4) Where the defendant fails or is unable to secure a legal practitioner under subsection (1)(b)(i) or (2)(a) of this Section within 30 days, the Court may direct a legal practitioner from the Legal Aid Council of Nigeria or (where the defendant qualifies) the Office of the Public Defender to represent the defendant. (5) Notwithstanding subsections (1)(b), (2), and (4) of this Section, the Court may assign any case of a defendant without legal representation to any legal practitioner practicing within the Court’s jurisdiction, and the legal practitioner shall: (a) conduct the defendant’s defence with all due diligence; and (b) be exempt from paying any filing fee or service fee in respect of the assigned case. (6) Where a defendant chooses to represent himself or herself, the Court shall: (a) inform the defendant of his or her rights under the Constitution and under this Law; and (b) make a record of its compliance with the requirement under paragraph (a) of this subsection; provided that a defendant charged with a capital offence or an offence punishable with life imprisonment shall not be allowed to represent and defend himself or herself. (7) A legal practitioner other than a Law Officer engaged in any matter shall be bound to conduct the case on behalf of the prosecution or defendant until final judgment, unless the Court allows him or her to cease acting for any special reason, either based on the Court’s own volition or upon the legal practitioner’s application. (8) Where a legal practitioner intends to cease acting in a matter, the legal practitioner must give the Court and each other party written notice as early as possible, but at least 3 days before the date fixed for a hearing.

330. Summary trials. (1) Trials shall be held summarily: (a) in respect of perjury in the High Court; (b) in respect of an offence that is triable summarily under any enactment; and (c) in respect of the trial at the Magistrates Court or another subordinate Court or tribunal of an offence punishable with a term of imprisonment of less than 3 years. (2) The prosecution must provide the defendant with all materials on which the prosecution intends to rely before or at the commencement of the trial of an offence at the Magistrates’ Court or another lower Court or tribunal.

331. Defendant's plea. (1) At the beginning of the hearing, the Court shall: (a) following the procedure under section 228 of this Law, (b) call on a Court official to read the substance of the complaint to the defendant, and (c) ask the defendant whether he or she is guilty or not guilty. (2) The defendant shall take his or her plea in the dock, except where the Judge or Magistrate directs otherwise. (3) Where the defendant pleads guilty and the Court is satisfied that the defendant intends to admit the offence and shows no cause or no sufficient cause why sentence should not be passed, the Court shall, following the procedure in section 231 of this Law, proceed to sentence (except in the case of a capital offence). (4) Where the defendant pleads not guilty, section 230 of this Law applies and: (a) the Court shall direct all witnesses to leave the Court (except the witness next scheduled to testify); and (b) the provisions of the Evidence Act shall apply; provided that a witness’ failure to comply with paragraph (a) of this subsection shall not invalidate the proceedings, but only affects the weight of evidence given by any witness who fails to leave after the Court’s direction. (5) Notwithstanding subsections (1), (3) and (4) of this Section, the Court shall proceed with the trial irrespective of the defendant’s plea to a capital offence.

332. Presentation of case by prosecution and defence. (1) Unless the Court directs otherwise, the prosecution and the defence shall present their respective cases in the following sequence after the Court’s direction under section 331(4) of this Law: (a) the prosecutor may summarise the prosecution case, concisely identifying the relevant law, outlining the facts, and indicating the matters likely to be in dispute; (b) to help the Court to understand the case and resolve any issue in it, the Court may invite the defendant or the defendant’s legal practitioner to concisely identify the matters in issue; (c) the prosecutor must introduce the evidence that supports the prosecution’s case, after which: (i) the defendant or the defendant’s legal practitioner may cross-examine each prosecution witness, and (ii) where necessary, the prosecutor may re-examine the said witnesses; (d) at the conclusion of the prosecution’s case, on the defendant’s application or on its own initiative, the Court: (i) may acquit the defendant on the ground that the prosecution evidence is insufficient for any reasonable Court properly to convict, but (ii) must not do so unless the prosecutor has had an opportunity to make representations; (e) if the Court finds that the prosecution evidence discloses a case against the defendant, it must: (i) if the defendant is not represented by a legal practitioner, explain, in terms the defendant can understand, the defendant’s right to give evidence, the potential effect of not doing so at all, or of refusing to answer a question while doing so, and the alternatives open to him or her, namely that the defendant may: (A) make an unsworn statement from the defendant’s current location, in which case he or she will not be liable to cross-examination; (B) adopt his or her written deposition in the witness box after being sworn as a witness, in which case the defendant will be liable to cross-examination; or (C) elect to say nothing at all, in which case the Court shall ask the defendant if he or she has any witness to call or evidence to adduce in his or her defence, and, where the defendant answers in the affirmative, the Court shall hear the defendant, his or her witnesses, or the other evidence, or (ii) if the defendant is represented by a legal practitioner, call on the legal practitioner to proceed with the defence; (f) the defendant may adduce evidence in support of the defence, after which: (i) the prosecution may cross-examine each defence witness, and (ii) where necessary, the defendant (or his or her legal practitioner) may re- examine the said witnesses; (g) the defendant may submit a final written address in support of the defence case and may, with the Court’s permission, make oral submissions to expatiate on the written address for not more than 20 minutes; and (h) the prosecutor may submit a final written address in support of the prosecution’s case, where: (i) the defendant is represented by a legal practitioner, or (ii) whether represented by a legal practitioner or not, the defendant has introduced evidence other than his or her own; provided that the prosecutor may, with the Court’s permission, make oral submissions to expatiate on the written address for not more than 20 minutes. (2) In a case where the right of reply depends on whether the defence has called evidence, the fact that the defendant has been called as a witness shall not of itself confer a right of reply on the prosecution, but a Law Officer for the prosecution shall have a right of reply in all cases. (3) Failure to comply with the requirements of subsection (1)(e) of this section shall not, of itself, invalidate the proceedings, provided that: (a) the Court called upon the defendant for their defence; (b) asked if the defendant had any witnesses; and (c) heard the defendant and their witnesses and other evidence, if any. (4) For the purposes of this Law, where, without justifiable reason, there are no witnesses available on three consecutive occasions, the Court may: (a) strike out the charge in the case of the prosecution; or (b) in the case of the defence, draw such inference as the Court may deem appropriate in the circumstances; or (c) in the case of either party, where it is appropriate to do so, foreclose the affected portion of the proceedings and proceed to the next stage of the proceedings; or (d) make any other order the Court may deem just in the circumstances. (5) Where a defendant objects to the admissibility of a confessional statement in a criminal trial on the ground of involuntariness, the Court shall note nature and ground of the objection and shall decide on the statement’s admissibility in its judgment at the end of the trial, without conducting a trial within trial.

333. Decision of Court. (1) The Court, having heard what each party has to say and the evidence adduced by each, must consider the matter and may find the defendant guilty or not guilty and may make such other orders as may seem just, either at the conclusion of the hearing or at an adjourned sitting. (2) The Court must give reasons for its decision under subsection (1) of this Section and deliver its judgment in the open Court. (3) The judgment must: (a) be in writing, and (b) signed and dated by the Judge or Magistrate.

334. Defendant to be discharged where found not guilty. Where the Court finds the defendant not guilty, it must immediately discharge him or her and record an order of discharge and acquittal accordingly.

335. Procedure on finding of guilty. (1) Where the Court returns a guilty verdict, it shall: (a) ask the defendant if he or she wishes to call any character witness (if the defendant did not call any character witnesses during the trial); and (b) after hearing any character witness (if any), ask the defendant if he or she wishes to make any statement or produce any evidence or other information to mitigate the punishment in accordance with section 338(5) of this Law. (2) If the defendant makes a statement to mitigate the Court’s sentence under subsection (1) of this section, the prosecution shall produce evidence of the defendant’s previous conviction (if any), unless it has previously done so.

336. Sentence and sentencing hearing. (1) Where the Court makes a recommendation under section 337 of this Law, it may: (a) sentence the defendant; or (b) adjourn to consider and determine the sentence, then announce the sentence in open Court. (2) The Court shall, in pronouncing a sentence, consider the following factors in addition to sections 235(2) and 237 of this Law: (a) the objectives of sentencing, including the principles of reformation and deterrence; (b) the interest of the victim, the defendant, and the community; (c) the appropriateness of a non-custodial sentence or treatment in place of imprisonment; and (d) any previous conviction of the defendant. (3) A Court shall, in determining the appropriate sentence, consider all aggravating and mitigating evidence or information concerning a defendant in each case, even if several defendants were charged and tried together.

337. Recommendation for mercy. The Court may, in recording any sentence, make a recommendation for mercy and shall give the reasons for its recommendation.

338. Conviction on other pending charges. (1) Where a Court finds a defendant guilty of an offence, it may, in passing sentence, consider any other charge then pending against the defendant, if: (a) the defendant admits the other charge and desires that it be considered; and (b) the prosecutor of the other charge consents. (2) Where the conditions under subsection (1) of this section apply, the Court shall: (a) make an entry to that effect in the record book; and (b) require the prosecution to state the facts of the other case in accordance with section 221(1)(a) of this Law. (3) Where the other charge pending against the defendant is considered in accordance with subsections (1) and (2) of this section and the Court sentences the defendant in respect of the other pending charge, the defendant shall not, subject to sections 205 and 212 of this Law, or unless the conviction has been set aside, be liable to be charged or tried in respect of any such offence so taken into consideration.

339. Compensation to victim in judgment. (1) Notwithstanding the limit of its civil or criminal jurisdiction, a Court delivering judgment under this Law is empowered to award the victim compensation from the defendant, or any other person, or the State. (2) The Court may call for additional evidence to enable it to determine the quantum of compensation to award under subsection (1) of this section.

340. Pronouncement of judgment when Judge or Magistrate is unavoidably absent. Where: (a) the Judge or Magistrate that tried a case cannot deliver the judgement or sentence the defendant because of illness or another unavoidable factor; and (b) the judgment and/or sentence is in writing and signed by the Judge or Magistrate; another Judge or Magistrate may pronounce the judgment or sentence in the presence of the defendant.

341. Warrant of commitment. Where a Court does not order the payment of money in a sentence or conviction but orders the defendant’s imprisonment, the Court must issue a warrant of commitment.

342. Authority for carrying out sentence other than death. A warrant under the hand of the Judge or Magistrate that sentences and commits a defendant to a Custodial Centre for non-payment of a penalty or fine, authorises the Superintendent or all other officials of any Custodial Centre to implement the sentence described in the warrant, except a sentence of death.

343. Error or omission does not affect legality of act. The Court may, at any time, amend any defect in an order or warrant of commitment and no: (a) omission or error as to time and place; or (b) defect in form of any order or warrant of commitment given under this Law; shall invalidate an act done or intended to be done by virtue of the order or warrant if it is mentioned, or may be inferred, that it is founded on a conviction or judgment sufficient to sustain it.

344. No oral examination of witnesses generally. Subject to section 58 of this Law, there shall be no oral examination of a witness during his or her evidence in chief except to lead the witness to adopt his or her written statement on oath and tender in evidence all documents and or exhibits referred to in the written statements on oath.

345. Court assistance of unrepresented defendant. Where the defendant is not represented by a legal practitioner, the Court shall, at the close of the examination of each prosecution witness, ask the defendant whether he or she wishes to ask that witness any questions, and shall record the defendant’s answer.

346. Admission of documents, etc., into evidence. Unless the Court grants leave, no document, plan, photograph, or model shall be received in evidence at the hearing of a criminal matter unless it has been listed or filed with the information in the case of the prosecution or listed or filed with the defence in the case of the defendant.

347. Presumption of regularity of written deposition. The Court shall presume the regularity of every written deposition made by a defendant, where a Commissioner for Oaths signs the deposition.

348. Process for compelling production of evidence at the defendant’s instance. (1) The defendant may apply to the Court to issue a process compelling the attendance of a witness to testify or produce a document or any other thing. (2) If the defendant or the defendant’s legal practitioner states that the defendant has witnesses to call but that the witnesses are not in Court, the Court may, in the circumstances set forth in sections 385 and 395 of this Law, take the necessary steps to compel his or her attendance to testify or produce a document or any other thing. (3) Where the defendant makes an application under subsection (1) of this Section, the Court shall issue the process unless, for reasons it records in writing, the Court finds that the application is vexatious, dilatory, or otherwise defeats the aims of justice.

349. Evidence in reply. Where the defendant adduces a new matter in his or her defence that the prosecution could not foresee, the prosecution may, with the leave of the Court, adduce evidence to rebut the new matter or evidence.

350. Power to take deposition in certain case. (1) In exceptional circumstances where the evidence of a technical, professional, or expert witness would not ordinarily be contentious to require cross-examination, the Court may grant leave following an application under section 52 of this Law for the witness to give his or her evidence on oath or affirmation by one of the alternative means stated in section 54 of this Law. (2) Where it appears to the Court that a person is seriously ill or hurt and may not recover, but is able and willing to give material evidence relating to an offence, and it is not practicable to take the evidence orally, the Judge or Magistrate shall: (a) take the person’s evidence in a written statement on oath or affirmation certifying the statement’s accuracy and completeness; (b) add a statement of the Judge’s or Magistrate’s reason for taking the statement, the date and place the statement was taken; and (c) cause the statement’s filing to form part of the Court’s record; provided that the Judge or Magistrate may direct that the person gives the evidence by one of the alternative means stated in section 54 of this Law. (3) The Court shall: (a) cause reasonable notice of the application to take the evidence in accordance with subsections (1) and (2) of this section and of the time and place where it is to be taken to be served on the prosecutor and defendant; and (b) if the defendant is in custody and his or her presence is required for the deposition, the person keeping custody of the defendant shall bring him or her to the place where the evidence is to be taken under a written order of the Court.

351. When statement may be used in evidence. (1) A statement taken under section 350 of this Law may be used afterwards in evidence on the trial of a defendant accused of an offence to which the statement relates, in accordance with the provisions of the Evidence Act. (2) The signature and attestation of the Judge or Magistrate shall be: (a) sufficient prima facie proof of the content of the statement, and that the statement was taken in all respects according to law; and (b) admitted without further proof unless the Court sees reason to doubt the genuineness.

352. Notes of evidence to be recorded electronically or in writing. (1) Without prejudice to section 328(2) of this Law, Court proceedings may be recorded electronically and verbatim such that at the end of each day’s proceeding, a transcript of such recording shall be printed to enable certification or authentication by the Judge or Magistrate who conducted the proceedings. (2) Where Court proceedings are not recorded as stated in subsection (1) of this Section, the Judge or Magistrate shall in every case: (a) take written notes of the oral evidence it considers material in a book to be kept for that purpose; and (b) sign the book at the conclusion of each day’s proceedings. (3) At each adjournment or at the conclusion of the case, the Judge or Magistrate shall sign or otherwise authenticate the transcript of the Court proceedings: (a) in a manner the Chief Judge authorises from time to time in rules of Court; and (b) the signed or authenticated transcript shall form part of the record of proceedings. (4) A person is not entitled, as of right, to inspect of or receive a copy of the Court’s record unless the rules of Court or another enactment provides otherwise. (5) The record or a copy of it signed and certified as a true copy by the Court shall be admitted as evidence of the proceedings as statement made by the witnesses without further proof.

353. Local inspection. A Court trying a case summarily may, at any stage of the trial or other proceeding, after due notice to the parties: (a) visit and inspect any place in which an offence is alleged to have been committed; or (b) any other place which, in the Court’s opinion, is necessary to view to properly appreciate the evidence given at the trial; and (c) shall, without unnecessary delay, record any relevant facts observed at such inspection.

354. Cross complaints. Where: (a) one or more parties (referred to in this section as the complainant(s) complain against another party or parties (referred to in this section as the defendants(s); and (b) the defendant(s) make a cross-complaint against the complainant(s); the Court may, where it deems fit, hear and determine all the complaints in the same proceeding.

355. Joinder of complaints. Where two or more complaints are made by one or more parties against another party or parties and the complaints refer to the same matter, the Court may, where it deems fit, hear and determine all the complaints in the same proceedings.

356. Power to bind parties to be of good behavior. (1) In a summary trial, the Court may, notwithstanding the dismissal of the complaint, make an order to bind over the complainant, the defendant, or both the complainant and defendant (with or without a surety or sureties) to be of good behaviour. (2) A person who breaches an order made under subsection (1) of this section may be imprisoned for a term not exceeding three months in addition to any other punishment to which the person is liable. (3) Before making an order under subsection (1) of this Section or imposing a term of imprisonment or any other punishment under subsection (2) of this Section, the affected person must be given an opportunity to be heard.

357. Effect of judgment of dismissal "on the merits", "not on the merits and without". (1) Where a charge is dismissed on the merits, the dismissal has the same effect as an acquittal. (2) Where a charge is dismissed but not on the merits, or stated to be dismissed without prejudice, the dismissal does not have the same effect as an acquittal.

358. Summary trial of a child by a court. Where criminal proceedings are brought against a child, the Court must consider and apply the provisions of the Child Rights Law.

359. Power to remand. Without prejudice to any other power that a Magistrate may possess, the Magistrate may, to determine whether it is expedient to deal with a case summarily, either before or during the hearing of the case, adjourn the case and remand the person charged for a period not exceeding 48 hours or release the defendant on bail.

360. Law officer may require case to be adjourned or specially dealt with. (1) A Law Officer in a case involving the summary trial of an indictable offence by a Magistrate, may, at any time before judgment, request the Magistrate to deal with the case as one for trial on information. (2) On receiving a request under subsection (1) of this Section, the Magistrate shall adjourn the proceeding until information or charge is filed in the High Court; provided that the information shall be filed within 30 days from the date of the order granting the request. (3) The Magistrate shall make the case returnable during a period not exceeding 32 days from the date of the order granting the request. (4) Where the information or charge against the defendant has not been filed in the High Court at the end of the 30 days under subsection (2) of this section, the Magistrate shall proceed on the return date to try the charge summarily where the Magistrate has jurisdiction, or may make an order releasing the defendant on bail pending his or her arraignment on the information or charge as requested by the Law Officer.

361. Adjournment for Law Officer’s decision. (1) Where a Magistrate tries the charge for an offence summarily, the Magistrate shall, where the person in charge of conducting the prosecution requests, adjourn the hearing of the charge for consultation with a Law Officer to obtain a request to proceed according to section 360 of this Law. (2) The request of the Law Officer so consulted shall be filed within 14 days of the date the Magistrate grants the request of the person prosecuting, failing which the Magistrate shall proceed to try and conclude the case summarily.

362. Security for peace in cases tried summarily. (1) A defendant convicted of an offence after a summary trial may, instead of or in addition to any prescribed punishment, be ordered to enter a recognisance (with or without sureties) in such amount as the Court thinks fit, that the defendant shall keep the peace and be of good behaviour for a reasonable period fixed by the Court. (2) The convicted person may be imprisoned in a Custodial Centre until he or she enters the recognisance, but the imprisonment shall not: (a) exceed a term of 1 year; or (b) together with a fixed term of imprisonment, if any, exceed the longest term for which the defendant might be sentenced without a fine.

363. Reference to Court of Appeal. (1) Where the High Court, either on its own motion or upon a request, states a case pursuant to section 295(2) of the Constitution of the Federal republic of Nigeria, 1999 (as altered) for the Court of Appeal’s opinion on any question of the Constitution’s interpretation that arises during the proceedings, it may: (a) either adjourn the trial or stay its proceedings until the Court of Appeal has considered and decided the question; (b) conclude the trial but postpone the verdict until the Court of Appeal has considered and decided the question; or (c) conclude the trial and sentence the defendant, but suspend the sentence until the Court of Appeal has considered and decided the question; and in any such case, the Court may commit the defendant or convicted person (as the case may be) to a Custodial Centre or admit him or her to bail under PART 12 of this Law. (2) Where subsection (1) of this section applies and the Court of Appeal decides the question, the High Court shall, as the circumstances may require, either: (a) continue the trial or discharge the defendant; (b) acquit or convict the defendant; or (c) order the execution of the sentence.

364. Stay proceedings. Subject to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), a Court shall not entertain any application for stay of proceedings in respect of a criminal matter.

365. Defendant generally should be present at all hearings. (1) The defendant should, subject to this Law, be present in Court during any hearing in relation to the charge against him or her. (2) Subsection (1) of this Section does not apply if the defendant interrupts the hearing to such an extent that it is impracticable to continue in the defendant’s presence. (3) The Court may permit the defendant to be out of Court during the whole or any part of a hearing on any terms the Court thinks fit.

366. Hearings at which defendant must be present. (1) A defendant must be present at any hearing if the defendant: (a) is on police bail or has been summoned to attend that hearing; or (b) has been remanded in custody, or granted bail, to attend that hearing. (2) Subsection 1 of this Section does not apply if: (a) the Court excuses the defendant from attending the hearing or any part of the hearing; (b) the Court orders that the defendant be removed from the Court for interrupting the hearing to such an extent that it is impracticable to continue in the defendant’s presence; (c) the defendant is represented by a lawyer and the hearing is only in respect of: (i) the place or date of the trial, (ii) case review, where the registrar is exercising the power of the Court under section 38(4) of this Law and the defendant is in custody, (iii) a matter concerning the admissibility of evidence under sections 47 and 48 of this Law, (iv) an alternative way of giving evidence under section 52 of this Law, or (v) making a video link direction under section 55 of this Law.

367. Powers of Court when prosecutor does not appear. (1) This section applies to any criminal proceedings if the defendant appears, but the prosecutor does not. (2) If the Court: (a) finds that the prosecutor has not had adequate notice of the hearing; or (b) is satisfied that the prosecutor has provided a reasonable excuse for his or her non-attendance; the Court must adjourn the proceedings to the time and place, and on the conditions, that it thinks fit to enable the prosecutor to appear. (3) In any other case, the Court may: (a) dismiss the complaint under section 213 of this Law; or (b) adjourn the hearing to a time and place, and on any conditions, that the Court thinks fit.

368. Non-attendance of defendant before plea is entered. (1) This section applies to any proceedings if: (a) the defendant has not entered a plea; (b) the defendant is required, under section 366 of this Law, to be present at the hearing; and (c) the prosecutor attends the hearing, but the defendant does not. (2) A Judge or Magistrate may issue a summons to compel the defendant’s appearance or, where a summons has been issued or the Court considers a warrant more appropriate in the circumstances, a bench warrant to arrest the defendant and bring the defendant before the Court.

369. Non-attendance of defendant after plea is entered but before trial or sentencing. (1) This section applies to any proceedings, other than a trial or a sentencing proceeding, if: (a) the defendant has entered a not guilty plea to the offence charged; (b) the defendant is required, under section 366 of this Law, to be present at the hearing; and (c) the prosecutor attends the hearing, but the defendant does not. (2) When this section applies, the Court may do either or both of the following: (a) proceed in the absence of the defendant; or (b) issue a bench warrant to arrest the defendant and bring him or her before the Court. (3) Notwithstanding subsection (2) of this Section, the Court must not proceed with a hearing in the absence of the defendant if the Court is satisfied that it would be contrary to the interests of justice to do so. (4) Without limiting the matters the Court may consider in making its decision under subsection (3) of this Section, the Court must consider the following factors: (a) any information available to the Court about the reasons for the defendant’s absence; (b) any issues that the defendant has indicated are in dispute and the extent to which the defendant’s evidence is critical to an evaluation of those issues; (c) the likely length of any adjournment, given the particular interests of victims and witnesses that a trial takes place within a reasonable time of the events to which it relates and the effect of any delay on the memories of witnesses; (d) the nature and seriousness of the offence; and (e) the interests of any co-defendant.

370. Non-attendance of defendant at trial. (1) This section applies to any trial if: (a) the defendant is required, under section 366 of this Law, to be present at the hearing; and (b) the prosecutor attends the hearing, but the defendant does not. (2) If the Court is satisfied that the defendant has a reasonable excuse for his or her non-attendance, the Court must not proceed with the trial unless it is satisfied that the defendant’s absence will not prejudice his or her defence. (3) If the Court is not satisfied that the defendant has a reasonable excuse for his or her non-attendance, the Court may do either or both of the following: (a) proceed in the absence of the defendant; and/or (b) issue a bench warrant to arrest the defendant and bring him or her before the Court. (4) Notwithstanding subsection (3) of this Section, the Court must not proceed with the trial in the absence of the defendant if the Court is satisfied that it would be contrary to the interests of justice to do so. (5) Without limiting the matters the Court may consider in making its decision under subsection (4) of this Section, the Court must consider the matters set out in section 369(4) of this Law.

371. Sentencing for offence not to proceed in absence of defendant. (1) A Court must not sentence a defendant in his or her absence. (2) If a defendant does not attend a sentencing hearing, the Court may issue a bench warrant to arrest the defendant and bring him or her before the Court.

372. Procedure when hearing proceeds in absence of defendant. (1) If any proceedings at which the defendant is required by section 366 of this Law to be present proceeds in the absence of the defendant: (a) the defendant’s legal practitioner may continue to represent the defendant; (b) all provisions that relate to the conduct of the proceedings continue to apply, with any necessary modifications; and (c) the charge against the defendant may be proceeded with up to and including the Judge’s or Magistrate’s decision or verdict. (2) If the defendant is found guilty in his or her absence at a hearing at which he or she is required by section 366 of this Law to be present, the Court may: (a) direct that a notice be served on the defendant advising the defendant: (i) that the defendant has been found guilty in his or her absence, (ii) of the date on which the defendant must appear for sentencing, and (iii) that, if the defendant wishes to apply for a retrial under section 373 of this Law, the application must be filed no later than 15 working days after the date of service of the notice; or (b) if the defendant is liable on conviction to a sentence of imprisonment, issue a warrant to arrest the defendant and bring him or her before the Court for sentencing.

373. Retrial if defendant is found guilty in his or her absence. (1) A defendant who is found guilty following a trial that proceeded in his or her absence may apply to a Court for an order granting a retrial of the charge. (2) The application: (a) must be filed in the Court in which the defendant’s trial was held; and (b) must be filed no later than 15 working days after the date on which: (i) a notice is served on the defendant under section 372(2)(a) of this Law, or (ii) the defendant appears in Court pursuant to a warrant issued under section 372(2)(b) of this Law; and (c) must be determined by the Judge or Magistrate who presided over the trial or, if that is impracticable, any Judge or Magistrate. (3) If the application is on the ground described in subsection (7)(b) of this section, it must be supported by: (a) an outline of the defence on which the defendant intends to rely if a retrial is granted; and (b) a written statement from each witness who the defendant intends to call. (4) The registrar of the Court must ensure that a copy of the application is served on the prosecutor. (5) The prosecutor may file a written response to the application no later than 15 working days after being served with a copy of it. (6) The Court may consider the application on the documents filed or at an oral hearing (including a hearing through video link or telephone conference call). (7) The Court may order a retrial of the charge if: (a) the Court is satisfied that: (i) the defendant was notified of the trial and had a reasonable excuse for non- attendance at the trial, but that reasonable excuse was not known to the Court at the time of the trial, and (ii) it is in the interests of justice to order a retrial; or (b) regardless of whether the defendant had a reasonable excuse for non- attendance, the Court is satisfied that the defendant had a defence that would have had a reasonable prospect of success if he or she had attended the trial. (8) Notwithstanding subsection (7) of this Section, the Court must order a retrial if satisfied that the defendant was not notified of the trial.

374. Effect of application for retrial or rehearing on rights of appeal. (1) A defendant who appeals his or her conviction under section 372 of this Law shall not apply for a retrial of a charge under section 373 of this Law. (2) Where the defendant applies for a retrial of a charge under section 373 of this Law, the Court’s final decision, for the purpose of an appeal, takes effect from the date on which the Court denies the application. (3) Subsections (1) and (2) of this Section do not limit any right of appeal in relation to a further conviction, sentence, or order entered, imposed, or made at the defendant’s retrial or rehearing.

375. Procedure if retrial or rehearing is ordered. (1) If a retrial is ordered under section 373 of this Law: (a) the conviction immediately ceases to have effect; and (b) the Court may proceed with the retrial immediately or at a later date. (2) At the retrial: (a) all pre-trial decisions and determinations made in the proceeding apply to the extent that they are still applicable; and (b) the Court has the same powers and must apply the procedure in this Law as if the retrial were the first trial. (3) The retrial need not take place before the Judge or Magistrate that presided at the first trial or hearing. (4) If the defendant does not appear at the retrial, the Court may, without rehearing the matter, direct that the original conviction, sentence, or order be restored.

376. Dealing with defendant pending retrial or rehearing. If a retrial or rehearing is ordered under section 373 of this Law, the Court may: (a) issue a summons to bring the defendant before the Court; or (b) issue a warrant to arrest the defendant and bring him or her before the Court.

377. General provisions regarding defendant’s non-appearance. (1) Where a defendant is arrested on a bench warrant issued under this Part, the defendant must be immediately brought before the Court that issued the warrant (the issuing Court) or, where it is not practicable to do so, a Court nearest to the issuing Court, which may commit the defendant to a Custodial Centre or another place of lawful custody, and order the defendant to be taken to the issuing Court on a specified date and place. (2) The Court shall direct the notification of all other parties of the date and place for the defendant’s appearance ordered under subsection (1) of this section.

378. Non-appearance of both parties. (1) Where the case is called and neither the prosecutor nor the defendant appears, the Court shall make any order that the justice of the case requires. (2) Without limiting the generality of subsection (1) of this Section, the Court may include a direction on the payment of costs as it considers appropriate in the circumstances, and the payment of the costs may be recovered as if it was a fine.

379. Appearance of both parties. When the case is called and both the prosecution and the defendant appear, the Court shall proceed to hear and determine the case.

380. Withdrawal from prosecution before the High court or Magistrates’ court. (1) In any criminal trial before a High Court, Magistrates’ Court, or another Court established by a Law of the State, a prosecutor may, with the Court’s consent, withdraw from the prosecution of any person, either generally or in respect of one or more of the offences with which such person is charged, if: (a) the prosecutor makes the application to withdraw before the Court delivers its judgment; and (b) the Attorney-General instructs the prosecutor to withdraw in the case of an offence against a Law of the State. (2) Where a prosecutor withdraws from the prosecution of an offence under subsection (1) of this Section, the Court shall: (a) discharge the defendant of the offence if the withdrawal occurs before the defendant is called upon to enter his or her defence; or (b) acquit the defendant of the offence if the withdrawal occurs after the defendant is called upon to enter his or her defence; provided that where subsection (2)(a) of this Section applies, the Court may acquit the defendant if it is satisfied (and records the basis of its satisfaction in writing) that an acquittal is appropriate on the merits of the case. (3) Where any private prosecutor withdraws the prosecution for any offence under this section, the Judge or Magistrate may award costs against the private prosecutor. (4) A defendant’s discharge under this section shall not operate as a bar to subsequent proceedings against the defendant based on the same facts.

381. Compelling the appearance of person accused of committing offence. A Magistrate may issue a summons or warrant as provided in this Law to compel the appearance before it of any person accused of committing a triable offence in any place within or outside the State.

382. Summons and warrant of person accused of committing offence. In every case, the Court may compel the appearance of a person accused of committing an offence either through a summons or warrant for the person’s arrest in the first instance, according to the nature and circumstances of the case.

383. Position in Court if defendant is summoned. Where a defendant appears before a Court on a summons, the Court may require the defendant to enter the dock or stand or sit in it, except where circumstances do not permit.

384. Making of complaint and issue of process. (1) Subject to section 293 of this Law, where one person believes that another has committed an offence and that a Magistrate can compel that person’s appearance, he or she may make a complaint to the Magistrate, and the Magistrate: (a) shall consider the complainant’s allegations; and (b) may: (i) refuse to issue a process on the complaint; provided that the Magistrate must record his reasons for the refusal, or (ii) issue a summons or warrant (as the Magistrate deems appropriate) to compel the defendant’s attendance before a Magistrate’s Court in the District. (2) The Magistrate shall not refuse to issue a summons or warrant only because the alleged offence is one for which a person may be arrested without a warrant.

385. Issue of summons for witness. (1) The Court may, if the prosecution or defence applies, issue a summons or a writ of subpoena for service on a witness to compel his or her testimony and/or production of evidence in a case, under a penalty for failure. (2) Where the prosecutor is not a Public Officer, the person to whom the summons is addressed is not bound to attend unless the person’s traveling expenses are paid to him or her. (3) Where the Court is satisfied in the first instance, by proof on oath, that a person listed to give evidence for either party will not attend to give evidence unless compelled to do so, then it may issue a warrant to arrest the person instead of issuing a summons.

386. Service of summons and other processes on witnesses. (1) A Court with criminal jurisdiction shall have a process server specifically assigned to it by the Divisional Police Officer in charge of the territory in which the Court is located. (2) The process server is responsible for efficiently serving any witness summons, defendant’s production orders, writs and all other processes issued in the Court in respect of all criminal matters. (3) A summons shall be served on the person to whom it is directed using the procedure set out in section 402 or 403 of this Law or, with leave of the Court, section 404, and sections 406 to 410 of this Law shall apply to the summons; provided that a party: (a) lists the person as a prospective witness; and (b) indicates that a subpoena or witness summons is required to secure the person’s testimony at the trial. (4) A reputable courier company registered with and authorised by the Chief Judge may serve processes issued under this Law and, for that purpose, a registered courier company may be assigned to a Court as a process server under subsection (1) of this section. (5) Either the Attorney-General or a person so authorised by him or her, or the police may serve a witness summons or writ of subpoena on a person whom the prosecutor wishes to call as witness. (6) Proof of service of a process or document shall be endorsed by the person that served it and shall be filed in the Court’s file.

387. Attendance of witness bound by recognizance to attend. A person who is summoned as a witness, whether for the prosecution or for the defence, shall be bound to attend the Court on the day fixed for the trial of the case and on subsequent dates until the conclusion of the case, or until the person has been discharged by the Court from further attendance.

388. Warrant of arrest for witness not attending. Where any person summoned or under a subpoena to attend as a witness for either the prosecution or defence: (a) fails to appear at the appointed time and place: (i) despite service on him or her of the summons or subpoena and a notice of trial, or (ii) because the person wilfully avoids service of the summons or subpoena and a notice of trial; and (b) offers no reasonable excuse for his or her absence; the Court may issue a bench warrant to arrest and bring the witness before the Court to give evidence on a specified date and time.

389. Warrant of arrest for witness disobeying summons. Where a person named in a summons or writ of subpoena refuses to accept service of the summons or writ of subpoena, the Court shall issue a warrant to arrest and bring the person before the Court to give evidence on a specified date and time.

390. Mode of dealing with witness arrested under warrant. (1) A witness arrested under a warrant shall, if practicable and where the hearing of the case for which the witness’ evidence is required is not within 24 hours after the arrest, be taken before a Magistrate. (2) For the purpose of subsection (1) of this Section, the Magistrate: (a) may order the witness’ release from custody if the witness provides, to the Court’s satisfaction, security by recognisance for his or her appearance at the hearing; and shall (b) if the witness fails to provide the security by recognisance, order the witness’ detention and production at the hearing. (3) The provisions of this Law relating to Bail, Summons and Warrants in respect of the defendant shall apply to a witness. (4) If both the witness and defendant are in custody: (a) the witness must not be kept in the same room or place as the defendant; and (b) the defendant must not be allowed to make any contact with the witness.

391. Penalty for witness' non-attendance. (1) A witness who, without a reasonable excuse: (a) refuses or neglects to attend Court to give evidence under a duly served summons or subpoena; or (b) departs Court without the Judge’s or Magistrate’s permission before the witness gives evidence or is discharged; commits an offence and is liable, on the Court’s summary order, to a fine not exceeding N100,000.00 (One Hundred Thousand Naira) or one month’s community service. (2) A complaint shall not be made for an offence under this section except by the order of the Court made during the hearing of the case for which the evidence of the witness is required.

392. Witness' non-attendance at adjourned hearing. A witness who is present when the hearing or further hearing of a case is adjourned, or who has been duly notified of the time and place to which the hearing or further hearing is adjourned, shall attend any subsequent hearing and if the witness defaults, he or she may be dealt with in the same manner as if the witness had refused or neglected to attend the Court under a witness summons or subpoena.

393. Persons in Court may be required to give evidence though not summoned. If a person is present in Court and is compellable as a witness, the Court may compel the person to give evidence or produce a document or thing in the person’s possession or control as if the person was summoned or under a subpoena to give the said evidence, under a penalty for failure.

394. Manner of taking oath or affirmation. A witness shall take an oath or make a solemn affirmation in a manner the Court considers binding on the witness’ conscience.

395. Witness refusing to be sworn or produce document. (1) If a person attends Court and is required to give evidence, but, without any sufficient excuse or reason, the person: (a) refuses to take an oath of or affirmation as a witness; (b) takes an oath or affirms but refuses to answer any question put to him or her; or (c) refuses or neglects to produce any document or thing the Court requires him or her to produce; the Court may adjourn the hearing of the case and issue a warrant to commit the person to a Custodial Centre or other place of safe custody for a period not exceeding 30 days. (2) Nothing in this section shall: (a) affect the person’s liability to any other punishment for refusing or neglecting to do what is required of him or her; or (b) prevent the Court from hearing and determining the case under any other sufficient evidence it has taken.

396. Issue and service of summons. A summons may be issued or served on any day, including a Sunday or public holiday.

397. Issue and content of summons. Where a person complains to a Magistrate under section 384 of this Law and the Magistrate decides to issue a summons, the summons shall: (a) be directed to the person accused of committing a crime; (b) concisely state the substance of the complaint; and (c) requiring the person to appear before the Court at a certain time and place (not less than 48 hours after the service of the summons) to answer to the complaint.

398. Hearing by consent before return date of summons. The Court may, if it deems it fit and with the parties’ consent, hear and determine a complaint even if the time for the defendant to appear has not elapsed.

399. Summons with immediate return date in special circumstance. Where a Magistrate issues a summons under section 384 of this Law, the Magistrate may direct the defendant to appear immediately if the complainant submits an affidavit (either at the time of making the complaint or subsequently) that the defendant is likely to leave the District within 48 hours.

400. Discretion in ex-parte application. Nothing in section 392, 398 or 399 of this Law shall oblige any Magistrate to issue a summons in any case where the law permits an ex parte application for an order.

401. Summons to be in duplicate. A Summons issued by a Court under this Law shall be: (a) in writing; (b) made in duplicate; and (c) signed by the presiding officer of the Court or such other officer as the Chief Judge may specify from time to time.

402. Service of summons. A summons shall be served by a police officer, an officer of the Court issuing it, another public officer, or through a courier service duly registered with the Chief Judge as a process service agent of the Court under this Law.

403. Methods of serving summons. A summons under this Law is duly served when the person serving the summons delivers it by the following methods: (a) in case of an individual, by delivering the summons to the person personally; (b) in the case of a legal person, firm, or corporation, by delivering the summons to one of the following: (i) one of the partners or principal officers (however described), (ii) a director, (iii) the secretary, (iv) an agent or representative within the jurisdiction, or (v) by leaving it at the principal place of business in Nigeria of the firm or corporation; (c) in the case of a Local Government Council, in accordance with the Local Government Law; (d) in the case of the Nigeria Police Force, by delivering the summons to (as the case may be): (i) the office of the Inspector-General of Police, (ii) the office of the Assistant Inspector General of Police, Zone 5, (iii) the Commissioner of Police of the State, (iv) the office of the Area Commander, or (v) the Divisional Police Officer.

404. Service where person summoned cannot be found. Where an officer effecting service cannot serve the summons on an individual under section 403(a) of this Law after exercising reasonable diligence, the officer may, with leave of the Court, affix a duplicate of the summons to a conspicuous part of the place where the individual ordinarily resides or works; after which the summons shall be deemed to have been duly served.

405. Service on public officer. (1) Where a public officer is to be served with a summons, the Court issuing the summons may, if it appears expedient, send a duplicate of the summons to the officer in charge of the department in which the person is employed to serve it on the person. (2) The officer in charge of the department shall, on receiving the summons, ensure that it is served in the manner provided by Section 403(a) of this Law and shall return the duplicate to the Court under the officer’s signature, which signature shall be evidence of the service.

406. Service outside Court’s jurisdiction. Where a Court issues a summons to a person outside its jurisdiction, the summons shall be sent in duplicate to a Court in whose jurisdiction the person resides or works.

407. Proof of service when serving officer is not present. Where the officer who served a summons is not present at the hearing of the case, proof of service may be done by endorsement on a duplicate of the summons and by an affidavit showing when and how the service was effected.

408. Receipt of service of summons. (1) Where a summons has been served on the person to whom it is addressed or is delivered to any other person, the person to whom it is addressed or the person to whom it is delivered (as the case may be) shall acknowledge receipt at the back of the duplicate. (2) Where service is not effected by delivering the summons to an individual but by another method approved by this Law, the person effecting service shall endorse particulars of the method by which the person effected service on the duplicate.

409. Person refusing to sign may be arrested. Where a person required under section 408(1) of this Law to acknowledge receipt by signing on the back of a duplicate summons refuses to do so, they may be: (a) arrested by the person serving the summons or any other person with powers of arrest under this Law and taken before the Court that issued the summons; and (b) detained or committed to a Custodial Centre for up to 14 days as the Court may deem fit.

410. Proof of service. Unless there is evidence to suggest otherwise, service of a summons may be proved by: (a) an affidavit or declaration made by the serving officer or a person that witnessed the service; (b) a return slip of the registered courier service showing that summons was served; or (c) a duplicate of the summons endorsed by the person to whom it was delivered or tendered, or with whom it was left.

411. Where summons is disobeyed, warrant may be issued. Where summons is disobeyed, warrant may be issued where the Court is satisfied that: (a) a person has been served with a summons and the person does not appear at the time and place stated in the summons; and (b) the person’s personal attendance has not been dispensed with under section 415 of this Law; the Court may issue a warrant for the person’s arrest and production before the Court.

412. Issue of warrant for person in the first instance. Where a complaint is before a Magistrate under this Law and the Magistrate decides to issue a warrant, the Magistrate shall issue a warrant to arrest the person accused of committing an offence and bring that person before the Court to answer the complaint and be dealt with according to Law.

413. Application of sections 124 to 136 to a warrant. Where an arrest warrant is issued under section 412 of this Law, sections 124 to 136 of this Law shall apply to such warrant.

414. Warrant may issue before or after return date of summons. Notwithstanding the issue of a summons under this Law, a warrant may issue at any time before or after the date appointed for the defendant to appear.

415. Power to dispense with personal attendance of defendant in certain cases. (1) Where a Magistrate issues a summons in respect of any offence for which the penalty is a fine not exceeding N10,000.00 (Ten Thousand Naira) or imprisonment for a term not exceeding six months or both, the Magistrate, on defendant’s application: (a) may dispense with the defendant’s personal attendance where the offence is punishable by a fine or imprisonment or both, and (b) shall dispense with defendant’s personal attendance where the offence is punishable only by a fine if the defendant pleads guilty in writing or appears and pleads guilty by his or her legal practitioner. (2) The Magistrate trying a case in which the presence of the defendant has been dispensed with may, at any subsequent stage of the proceedings, require the defendant’s personal attendance and, where necessary, enforce the attendance by issuing of a warrant to arrest the defendant and bring the defendant before the Court. (3) Where a Magistrate imposes a fine on a defendant whose personal attendance has been dispensed with under this section, the Magistrate may, at the same time, direct that if the fine is not paid within a stated time, the amount shall be recovered by distress or that the defendant shall be kept in the custody of the Nigerian Correctional Service for a period calculated in accordance with the scale in the Fourth Schedule to this Law. (4) Where a defendant’s attendance is dispensed with and they do not admit allegations of previous convictions in writing or through a legal practitioner, the Court may adjourn the proceedings and require the defendant’s personal attendance in the manner provided in subsection (2) of this Section. (5) Where a defendant’s attendance has been dispensed with and his or her attendance is subsequently required, the defendant shall bear the cost of any adjournment for that purpose.

416. Application of Evidence Act. The Court shall direct the examination of witnesses in accordance with the provisions of the Evidence Act and any other applicable enactment.

417. Power to recall witnesses. The Court may, at any stage of any trial, inquiry, or other proceedings under this Law, either of its own motion or on an application by either party to the proceeding: (a) call a person as a witness; or (b) recall and re-examine a person already examined where his or her evidence appears to the Court to be essential to the just determination of the case.

418. Certificates of certain Government technical officers. A certificate signed by any of the officers named in section 55 of the Evidence Act, shall be admissible in evidence in accordance with the provisions of that Act.

419. Visit by Court to locus. (1) Where Court considers it just to visit or view any place, person or thing connected with the case (referred to in this section as the locus), the Court may: (a) adjourn and reconvene the Court at the place concerned and continue the proceedings there; or (b) adjourn the case and proceed to view the place, person or thing concerned. (2) The defendant shall be present at the viewing of the place, person or thing concerned. (3) The Court shall give such directions at the locus as it may deem necessary to prevent communication between the witnesses and the defendant. (4) Any breach of a direction given under subsection (3) of this section shall not invalidate the proceedings unless the Court directs otherwise.

420. Determination of age. (1) Where a person’s age is in issue in any criminal proceedings, the Court may determine the person’s age by considering one or both of the following: (a) the apparent physical appearance of the person concerned; or (b) any evidence relating to the person’s age received by the Court in accordance with the Evidence Act, the Child Rights Law, or any other enactment. (2) The evidence of a witness who is not an expert within the meaning of Section 68 of the Evidence Act 2011 shall be admissible for the purpose of this section. (3) Any subsequent proof that the Court incorrectly stated a person’s age shall not, of itself, invalidate an order or judgment.

421. Age in relation to offences. Where: (a) it is alleged that the person accused of committing an offence was either: (i) a child on the date of the alleged offence, or (ii) over or under a specified age on the date of the alleged offence; and (b) it appears to the Court that the person was either: (i) a child on the date of the alleged offence, or (ii) over or under a specified age on the date of the alleged offence; the Court shall presume that the person was a child or over or under the specified age (as the case may be) unless the contrary is proved.

422. Expenses of prosecution witnesses. A person that attends Court as a prosecution witness is entitled to payment of such reasonable expenses as the Chief Judge may prescribe from the relevant Budgetary Vote appropriated by the Judiciary.

423. Expenses of defence witnesses. Where a person attends Court as a defence witness, the Court may, in its discretion on an application, direct the registrar to pay the witness a sum it considers sufficient to compensate the witness for the expenses he or she reasonably incurred to attend the Court.

424. Adjournment may be granted subject to witness’ costs. Where any witness is unable to testify because a party applies for an adjournment, the Court may: (a) adjourn the proceedings; and (b) order the party applying for the adjournment to pay the witness’s expenses according to section 422 or 423 of this Law, or in such amount as the Court may determine.

425. Ascertaining a witness’ expense. The registrar shall process and pay the expenses payable to a witness under section 422 or 423 of this Law out of the relevant Budgetary Vote appropriated by the Judiciary.

426. Summary procedure in perjury. (1) Where it appears to a Court that a person has committed perjury in any proceeding before it, the Court may, subject to subsection (2) of this section and, in the case of a Magistrates Court, subsection (3) of this Section: (a) commit the person for trial on information of perjury and bind any person by recognisance to give evidence at the person’s trial; or (b) try the person summarily for contempt of Court and, where the person is found guilty: (i) sentence them to imprisonment for a period not exceeding 6 months, or (ii) impose a commensurate fine under scale in the Fourth Schedule to this Law. (2) Where a Court decides to try a person summarily for contempt of Court under subsection (1)(b) of this section, the Court shall: (a) specify the perjury alleged; (b) direct the person’s attention to the inconsistencies upon which the perjury charge is based; and (c) require the person to explain the inconsistencies and record such explanation. (3) Where a Magistrate sentences a person to a term of imprisonment or imposes a fine under subsection (1)(b) of this section, it shall: (a) not issue a warrant of commitment or make an order for imprisonment for non- payment of the fine, but shall either remand the person or release him or her on a recognisance, with or without sureties, to appear before the Court when called upon; and (b) immediately forward a certified copy of the proceedings to the Chief Judge or a Judge that the Chief Judge designates. (4) The Chief Judge or a Judge to whom a certified copy of the proceedings is forwarded pursuant to subsection (3) of this section: (a) may, without hearing argument and in the absence of the person concerned, set aside or confirm the order, or reduce the sentence of imprisonment or the fine imposed; and/or (b) shall inform the Magistrate as soon as practicable after his decision. (5) Where the Chief Judge or Judge does not wholly set aside the Magistrate’s order, the Magistrate shall immediately issue its warrant of commitment or make the necessary order for payment of the fine in accordance with the terms of the Chief Judge or Judge’s order. (6) A term of imprisonment or fine ordered or imposed under this section is a bar to any other proceeding for the same offence except where a Magistrate’s order has been wholly set aside.

427. Irregularity in summons, warrant, service, or arrest. Where a defendant is before a Court, whether voluntarily, through a summons, on being arrested with or without warrant, or while in custody for the same or any other offence, the trial may hold notwithstanding: (a) any irregularity, defect, or error in the summons or warrant, or the issuing, service, or execution of the summons or warrant; (b) the absence of any complaint on oath; or (c) any defect in the complaint, or any irregularity in the arrest or custody of the defendant.

428. Irregularity that may vitiate the proceedings. The proceedings shall be void where a Judge, Magistrate or Justice of the Peace that is not legally empowered does any of the following things: (a) attaches and/or sells property under section 152 of this Law; (b) demands security to keep the peace; (c) demands security for good behavior; (d) discharges a person lawfully bound to be of good behavior; (e) cancels a bond to keep the peace; (f) makes an order under section 116 of this Law; (g) prohibits the repetition or continuance of a public nuisance under section 123 of this Law; (h) tries an offender; or (i) decides an appeal.

429. Variance between charge and complaint. A variance between the charge contained in the summons or warrant and the offence alleged in the complaint (or between any of them) and the evidence adduced on the part of the prosecution, shall not affect the validity of any proceedings.

430. Process valid notwithstanding date of vacation of office of person issuing. A summons, warrant of any description, or other process issued under an enactment shall not be invalidated by reason that the person who signed the summons or warrant is dead and has ceased to hold office, or is no longer within the jurisdiction.

431. Validity of process: warrant of commitment and warrant of distress. (1) A warrant of commitment shall not be invalidated because of any defect in it, where it is alleged that the defendant has been convicted or ordered to do or abstain from doing an act or a thing required to be done or left undone, and there is a good and valid order to sustain the warrant. (2) A warrant of distress shall not be invalidated because of any defect, where it is alleged that an order has been made, and there is a good and valid ground to sustain the order, and a person acting under a warrant of distress is not deemed a trespasser from the beginning by reason of any defect in the warrant or of any irregularity in the execution of the warrant. (3) This Law shall not prejudice the right of a person to compensation for any special damage caused by defect or irregularity in the execution of a warrant of distress.

432. General addressee of process for issuance and execution. (1) In addition to sections 125 and 129 of this Law, all summonses, warrants and processes (however described) shall be sufficiently addressed for service or execution by being directed to the Sheriff. (2) Notwithstanding subsection (1) of this section, a warrant or summons may be addressed to a person by name or to an officer by his or her official designation. (3) Where an arrest warrant is addressed to the Sheriff, the warrant may be executed by a police officer or officer of a Court.

433. Certain provisions applicable to all summons and warrants in criminal matters. The provisions contained in this Law in respect of warrants of arrest, and the provisions contained in this Subpart relating to summonses, warrants of any description and other process and their issuance, service, enforcement, and execution shall, to the greatest extent possible, apply to every summons, warrant of any description and other process issued in respect of matters within the criminal jurisdiction of the Court.

434. Information by the Attorney-General. The Attorney-General may: (a) file an information before any Court concerning an offence created by a Law of the State; and (b) authorise any other person to exercise the power conferred on the Attorney- General under this section.

435. Issuance of legal advice and other directives to police. (1) The Attorney-General may issue a legal advice or such other directive to the police or any other law enforcement agency concerning an offence created by a Law of the State. (2) Where any proceeding is pending for which a legal advice or other direction referred to in subsection (1) of this section is given, the Attorney-General, Director of Public Prosecutions or a Law Officer in the Ministry of Justice that the Attorney-General designates, shall forward a copy of the legal advice or direction to the Court at which the proceeding is pending. (3) The Attorney-General may request the case file in any matter concerning an offence created by a Law of the State from the police or any other law enforcement agency, and the police or other agency shall immediately send the case file as requested.

436. Attorney-General to visit Custodial Centres and places of detention. The Attorney-General shall undertake routine visits to Custodial Centres and other places of lawful detention where persons awaiting trial and defendants are kept in the State and shall review the case files of those persons and defendants.

437. Discontinuance of criminal proceedings. (1) The Attorney-General may discontinue any criminal proceedings for an offence created by a Law of the State at any stage before the Court delivers judgment by either stating in Court or informing the Court in writing that the Attorney-General intends to discontinue the proceedings. (2) The following shall apply when the Attorney-General exercises his or her power under subsection (1) of this section: (a) the Court shall immediately discharge the defendant of the offence(s) for which the discontinuance is entered; (b) where the defendant is in custody and before the Court, the defendant shall be released; (c) where the defendant is in custody and not before the Court at the time of the discontinuance, the Court registrar or another appropriate Court official shall immediately send a written notice of the discontinuance to the Superintendent in Charge of the Custodial Centre or person in charge of the place at which the defendant is kept, and the notice is sufficient authority to release the defendant; (d) where the defendant is on bail, the recognisance shall be discharged; and (e) where the defendant is on bail and not before the Court, the Court registrar or another appropriate Court official shall immediately send a written notice of the discontinuance to the defendant, the defendant’s sureties (if any), and any witnesses bound over to prosecute. (3) A person’s discharge following the Attorney-General’s discontinuance under this section shall not operate as a bar to any subsequent proceedings against the person on the same facts.

438. Withdrawal from prosecution in trials and inquiries before the Court. (1) The Attorney-General may, at any stage before the Court delivers judgment, instruct a prosecutor to withdraw any charge against a defendant in criminal proceedings for an offence created by a Law of the State. (2) Where the prosecutor withdraws a charge, sections 380(2)(3) and (4) of this Law shall apply.

439. General control of prosecution by Attorney-General. (1) Where, in any criminal proceedings, a private legal practitioner prosecutes on the Attorney-General’s behalf, or a public officer prosecutes in his or her official capacity, the private legal practitioner or public officer’s prosecution of the case shall be subject to any directive the Attorney-General may give. (2) Where: (a) a police officer institutes criminal proceedings for an offence created by a Law of the State in the officer’s official capacity; and (b) the Law does not specify that the proceedings should be brought in the name of a specific person; the proceedings may, subject to the Attorney-General’s directives, be brought in the name of the Commissioner of Police of Delta State. (3) Subsections (1) and (2) of this section shall apply with necessary modifications to proceedings for an offence against a Federal Law, as if references to the Attorney-General of the State were references to the Attorney-General of the Federation. (4) The Attorney-General of the Federation may delegate his or her powers under this section to the Attorney-General of the State either generally or concerning any offence or class of offence, and such offence(s) shall be prosecuted in the name of the Federal Republic of Nigeria.

440. Attorney-General’s exercise of power. The Attorney-General may exercise his or her powers directly or through a Law Officer in the Ministry of Justice.

441. Methods of stating multiple ownership of property. Where in a complaint, summons or warrant of any description, charge sheet, information, or any document (however described) issued by a Court exercising its criminal jurisdiction, it is necessary to refer to the ownership of any property (whether movable or immovable) belonging to or in the possession of more than one person, the Court may: (a) if the property belongs to or is in the possession of more than one person (whether as partners in trade or otherwise, joint tenants, tenants in common or other joint owners or possessors), describe the property in the name of any one or more of those persons; (b) if the property belongs to a company, association, club, or society, describe the property, subject to the provisions of any other enactment, as belonging to the official of the company, association, club, or society, or as belonging to the company, association, club, or society by its legal or registered title; (c) if the property belongs to or is provided for the use of a public establishment, service, or department, describe the property as belonging to the State; (d) if it is necessary to state the ownership of any place of religious worship or of anything belonging to or being in the place, describe the property as belonging to a person in charge of or officiating in the place of worship, without naming the person; (e) if it is necessary to state the ownership of any money or other property whatsoever under the control or custody of any public officer, describe money or property as belonging to the State; (f) if it is necessary to state the ownership of: (i) any work or building made, erected, or maintained, either wholly or in part, at the expense of the public revenue or of any part of it, (ii) any town, village, settlement, Local Government, or of anything belonging to or being in or used in relation to the same, (iii) anything provided for the use of any part or of any public institution or establishment, or of any material or tool provided or used for repairing any work or building or any public road or highway, (iv) any other property, whether movable or immovable, as stated above; it shall be sufficient to describe the property as belonging to the State, town, village, settlement, Local Government (as the case may be), without naming the inhabitants of the area or jurisdiction; (g) if property belongs to a woman who has contracted a marriage under the Marriage Act or a marriage recognised as under any law in force in Nigeria, describe the property as belonging to the woman.

442. Description of persons in criminal process. (1) Where it is necessary to refer to a person in a complaint, summons or warrant of any description, charge sheet, information, or any document (however described) issued by a Court exercising its criminal jurisdiction, the description or designation of that person shall be such as is reasonably sufficient to identify him or her, except as provided under section 50 of this Law. (2) It shall not be necessary to state the person’s correct name, or his or her residence, degree, or occupation; provided that there is a reasonable description of the person to identify him or her. (3) Where: (a) the name or the description or designation of the person is not known; or (b) it is otherwise impracticable for any other reason to give the person’s correct and exact description or designation; a reasonable description or designation of the person to the greatest extent possible in the circumstance is sufficient, or, subject to subsection (4) of this section, the person may be described as "Person Unknown". (4) A defendant accused of an offence shall not be described as a “Person Unknown” except in the case of a verdict found on a coroner’s inquisition.

443. Remedies of married woman against her husband and others in respect of her person or property. A woman who has contracted a valid marriage shall have, in her own name against all persons whomsoever, including her husband, the same remedies and redress by way of criminal proceedings for the protection and security of her person or her own separate property as if such property belonged to her as an unmarried woman.

444. Husband and wife competent as witnesses. In any proceedings under section 443 of this Law, the husband and wife shall be competent and compellable witnesses in accordance with the provisions of the Evidence Act.

445. Procedure when defendant is suspected to be of unsound mind. (1) Where during criminal proceedings: (a) a defendant is unable to stand trial or defend himself or herself; and (b) the Court suspects the defendant’s mental capacity because of the circumstances under paragraph (a) of this Section; the Court shall order a medical examination to determine the defendant’s mental state or soundness of mind. (2) An investigation under subsection (1) of this section may be held under such conditions as the Court deems necessary for the defendant’s safety, the safety of other persons and to safeguard public decency. (3) Where the Court is not satisfied that the defendant is capable of standing trial, the Court shall adjourn the trial or proceedings and shall remand the defendant for medical observation in a suitable place of custody for a period not exceeding one month. (4) A defendant detained under subsection (3) of this section shall be kept under observation by a medical officer during the period of his or her remand and, before the expiration of that period, the medical officer shall: (a) give the Court his or her opinion in writing on the defendant’s mental state; and (b) where he or she is unable to form any definite opinion within the period, certify his or her findings to the Court and request the defendant’s further remand for a period of three months. (5) Where further period of remand is granted under subsection (4) of this section, the Court shall make returnable at the expiration of the period granted under subsection 4(b) of this section.

446. Application by Attorney-General or Law Officer. (1) Notwithstanding section 445 of this Law, the Attorney-General or a Law Officer in the Ministry of Justice may apply to the Court before which a defendant suspected to be of unsound mind is standing trial to send the defendant for medical observation in an asylum or another suitable place. (2) The medical officer in charge of the asylum or other suitable place shall, within a period not exceeding one month in the first instance or, on application to the Court, for a further period of three months, submit to the Court a report in writing containing his or her opinion on the defendant’s mental state.

447. Medical officer’s report. Where a medical officer fails to make a report as required under section 445(3) or 446(2) of this Law, the Court may discharge the defendant, or shall release defendant on bail under the provisions of this Law.

448. Medical officer’s certificate. (1) Where the medical officer certifies that the defendant is of: (a) sound mind and capable of standing trial, the Court shall proceed with the trial unless the defence satisfies it that the defendant is of unsound mind; or (b) unsound mind and incapable of standing trial, the Court shall where satisfied with the fact, postpone the proceedings until a medical officer certifies that the defendant is of sound mind and capable of standing trial. (2) For the purpose of subsection (1)(b) of this section, the Court may: (a) direct the submission of reports by a medical officer or another qualified person at regular intervals to assess the defendant’s mental state; and (b) make such further orders or give such directions as the Court deems appropriate in the circumstances. (3) Where an examination shows that the defendant is of sound mind and capable of standing trial, the examination shall form part of the defendant’s trial before the Court. (4) The medical officer’s certificate shall be admissible under this section even if the medical officer is absent from Court; provided there is sufficient explanation for the officer’s absence. (5) Where a medical officer certifies that the defendant is of unsound mind and incapable of standing trial, the defendant need not be present in Court during proceedings under this section.

449. Release of defendant of unsound mind pending investigation or trial. (1) Where a Court finds that a defendant charged with a bailable offence is of unsound mind and incapable of standing trial, the Court may grant the defendant bail based on the following conditions: (a) that the defendant shall be properly taken care of and shall be prevented from self-harm or harming any other person; (b) that the defendant will appear before the Court or an officer appointed by the Court when required to do so; and (c) any further conditions that the Court considers reasonable in the circumstances. (2) Where a defendant before a Magistrate is charged with an offence that is bailable only by a Judge, or where the offence is bailable by a Magistrate, but the Magistrate refuses to grant bail, the Magistrate shall inform the defendant of his or her right to apply to a Judge for bail. (3) Where: (a) the defendant is charged with an offence that is not bailable by a Magistrate; or (b) a Judge has refused bail under subsection (1) of this section or after an application made under subsection (2) of this section; or (c) sufficient security is not given; or (d) no application is made for bail; the Judge shall report the case to the Attorney-General, who, after considering the case report and any other medical report, may advise the Judge whether the defendant should be confined in a lunatic asylum or other suitable place of safe custody and the Judge may act on the Attorney-General’s advice. (4) Where the Attorney-General does not give the advice in subsection (3) of this Section within 2 months, the Court may discharge the defendant or release the defendant on bail when satisfied that doing so will not endanger the defendant’s life or the life of anyone else. (5) Pending the Attorney-General’s advice, the Court may commit the defendant to an asylum or other suitable place of custody for safe custody.

450. Resumption of proceedings or trial. Where a proceeding or trial is postponed under section 445 or 447 of this Law, the Court may at any time re-open the proceeding or re-commence the trial and require the defendant to appear or be brought before the Court.

451. Resumption of proceedings after release under section 449. Where the defendant has been released under section 449 of this Law, the Court may at any time require the defendant to appear or be brought before it and may again proceed with the proceeding or trial.

452. Where defendant appears to be of unsound mind. Where: (a) the defendant appears to be of unsound mind at the time of any remand or similar pre-trial proceedings before a Court; and (b) the defendant’s mental state is in issue under a defence of insanity or intoxication; the Court shall proceed to deal with the defendant in accordance with sections 445 to 458 of this Law and shall not make any finding of fact concerning any defence that the defendant may plead at the his or her trial for the offence.

453. Safe custody of discharged defendant. Where the evidence establishes that the defendant committed the acts alleged, the trial Court shall, where the acts would constitute an offence but for the defendant’s mental incapacity, order the defendant to be kept in safe custody in such place and manner as the Court thinks fit, at the expense of the State.

454. Observation of defendant of unsound mind. Where a defendant is confined under sections 449(3) or 453 of this Law, a medical officer of: (a) the Nigerian Correctional Service, where the defendant is confined in a Custodial Centre; or (b) the asylum or other facility, where the defendant is confined in any asylum or another facility; shall keep the defendant under observation to ascertain his or her mental state and make a special report concerning the defendant’s state of mind: (i) to the Court that ordered the defendant’s confinement, and (ii) for the Attorney-General’s information when the Attorney-General requires.

455. Procedure where medical officer certifies that defendant is fit to stand trial. Where a defendant is confined in a Custodial Centre, asylum or other facility and the medical officer to whom the case is referred certifies, under section 447 of this Law, that the defendant can stand trial: (a) the defendant shall be taken before the Court at such time as the Court appoints; and (b) the Court shall proceed with the trial or proceeding (as the case may be); and (c) the medical officer’s certificate shall be receivable as evidence.

456. Procedure where medical officer certifies that defendant is fit for discharge. (1) Where the medical officer of a Custodial Centre, asylum or other facility certifies that a defendant confined under section 449 or 453 of this Law may be discharged without any risk of injury to himself, herself, or any other person, the Court may, on the receipt of that report: (a) order the defendant to be discharged; (b) order the defendant to be detained in a Custodial Centre; (c) where the defendant has not been sent to an asylum, to be in the custody of or transferred to an asylum. (2) Where the Court orders a defendant to be transferred to an asylum, the Court may appoint two medical officers to report on the defendant’s state of mind and any other facts the Court may require, and on receipt of the medical officers’ report, the Court may order the defendant’s discharge or detention as it thinks fit.

457. Transfer from one place of custody to another. Where a defendant of unsound mind is confined in a Custodial Centre or an asylum, the Court may, on a request by the Superintendent in Charge of the Custodial Centre, or person in charge of the asylum, or the Attorney-General, direct the defendant’s transfer from one Custodial Centre or asylum to another as often as may be necessary or may at any time order the defendant’s release from detention if the Court considers it necessary.

458. Delivery of defendant of unsound mind to care of relative. (1) Where a relative or friend of a defendant confined under section 453 of this Law requests the defendant’s delivery to his or her care and custody, the Court may, on the application of the relative or friend and on his or her giving security to the Court’s satisfaction that the defendant shall be: (a) properly taken care of; and (b) prevented from inflicting self-injury or injury to any other person; order the defendant’s delivery to the relative or friend on the condition that the defendant shall be produced for the inspection of such officer and at such times that the Court may direct. (2) Where a defendant delivered to a relative or friend under subsection (1) of this section is confined under section 453 of this Law, the Court may further require the relative or friend to give satisfactory security that the relative or friend shall produce the defendant for trial at any time it appears to the Court that the defendant is capable of making his or her defence. (3) Sections 449 and 454 of this Law shall apply with necessary modifications to a defendant delivered to the care and custody of a relative or friend under this section.

459. Removal to another State. Where it is necessary to remove a defendant to a Custodial Centre or asylum under the provisions of this Part, an order for the removal given under the provisions of this Part shall be sufficient authority for the defendant’s removal and detention in any Custodial Centre or another place of detention within the Federation.

460. Interpretation of this Part. (1) In this Part: (a) "corporation" means a body corporate incorporated or registered in Nigeria or elsewhere, (b) "representative" in relation to a corporation means a person that the corporation duly appoints to represent it through a statement that must: (i) be in writing, (ii) be made by a managing director of the corporation, or by any person (by whatever name that person is called) managing (or being one of the persons managing) the affairs of the corporation, (iii) specify whether the representative is authorised to represent the defendant in the proceeding for all the purposes of the Law or specified purposes only, and (iv) be authenticated by the person making it. (2) A representative need not be appointed under the corporation’s seal; and any statement that complies with subsection (1)(b) of this section (to the effect that the person named in it has been appointed as the corporation’s representative for the purposes of this Law) is, of itself, admissible as prima facie evidence that the person has been appointed as the corporation’s representative. (3) No representative may act for a corporation in relation to any matter under this Law until a statement that complies with subsection (1)(b) of this Section is filed in Court.

461. Plea by corporation. Where a corporation is called upon to enter a plea to any charge or information (including a newly framed or amended charge or information): (a) the corporation may enter a plea in writing by its representative; or (b) if the corporation is not present in Court by its representative or if, though it is present, it does not enter a plea in writing by its representative, the Court shall order a plea of not guilty to be entered on the corporation’s behalf, and the trial of the corporation may proceed accordingly.

462. Information against corporation. An information may be presented against a corporation after the preparation of the proofs of evidence relating to the charge.

463. Joinder of counts in same information. An information under section 462 of this Law may include, either in substitution for or in addition to counts charging the offence for which proofs of evidence have been prepared, counts that may be lawfully joined in the same information and are founded on facts or evidence disclosed in the proofs of evidence.

464. Power of representatives. A representative may do the following on the corporation’s behalf: (a) state whether the corporation is ready to be tried on a charge or information, or altered charge or information, to which the corporation has been called on to enter a plea; (b) consent to the hearing and determination of a complaint before the return date of a summons; and (c) consent to the trial of the corporation on information, even if a copy of the information and notice of trial has not been served on the corporation three days or more before the date on which the corporation’s trial is scheduled.

465. Matters to be read, said, or explained to representative. Where a corporation’s representative appears in Court, any provision of this Law that requires anything to be: (a) done in the defendant’s presence; or (b) read or said or explained to the defendant; shall be construed as requiring the thing to be done in the representative’s presence, read, said, or explained to the representative (as the case may be).

466. Non-appearance of representative. Where a representative does not appear in Court, the procedure in section 461 of this Law shall apply.

467. Saving under this Part and joint charge against corporation and individual. (1) Subject to the preceding provisions of this Part, the provisions of this Law relating to the inquiry into, and trial of offences shall apply to a corporation as they apply to an adult. (2) A corporation may be charged jointly and tried with an individual for any offence.

468. Power of Court to order payment of expenses or compensation. (1) A Court may, during the proceedings or while delivering its judgment, order the defendant or convicted person to pay a sum of money: (a) as compensation to any person injured by the offence, irrespective of any other fine or other punishment that may be imposed or that is imposed on the defendant or convicted person, where substantial compensation is, in the Court’s opinion, recoverable in a civil suit; and/or (b) to compensate a bona fide purchaser for value without notice for a defective title in any property in respect of which the offence was committed and which has been forfeited because of the offence; and/or (c) to defray expenses incurred for the medical treatment of a victim injured by the convicted person in connection with the offence. (2) Where the fine referred to in subsection (1) of this section is imposed in a case that is subject to an appeal, no payment additional to the fine shall be made before the period allowed for presenting the appeal has elapsed or, where an appeal is presented, before the appeal is determined. (3) An order for costs or compensation may be made under this section irrespective of the fact that the Court has not imposed a fine on the defendant in the judgment.

469. Power of Court to order restitution. A Court may, after convicting a defendant, adjourn the proceedings to consider and determine whether it should: (a) in addition to or in place of any other penalty authorised by law, order the convicted person to make restitution or pay compensation to any victim of the crime for which the person was convicted, or to the victim’s estate; or (b) order the restitution or compensation for the loss or destruction of the victim’s property and, in so doing, the Court may direct the convicted person to: (i) return the property to the owner or to a person designated by the owner, (ii) where the return of the property is impossible or impracticable, to pay an amount equal to the value of the property, or (iii) where the property to be returned is inadequate or insufficient, to pay an amount equal to the property calculated based on what is fair and just.

470. Cost against private prosecutor. (1) The Court may, in a proceeding instituted by a private prosecutor or on a summons or complaint of a private person, on the defendant’s acquittal, order the private prosecutor or person to pay to the defendant such reasonable costs as the Court may deem fit. (2) In this section, "private prosecutor" does not include a person prosecuting on behalf of the State, a Public Officer prosecuting in his or her official capacity, or a law enforcement officer.

471. Compensation in cases of false or vexatious accusation. (1) Where a person causes the arrest or arrest and charge of any other person, and it appears to the Court that: (a) there was no sufficient ground for causing the arrest; or (b) the accusation is false, vexatious, or frivolous; it may, for a reason recorded in writing, order the person to pay reasonable compensation to any person arrested, or arrested and charged. (2) The Court may, in default of payment of such compensation or any part of it, commit the person against whom the order was made to a Custodial Centre, for any term not exceeding the term prescribed in respect of a like sum in the scale of imprisonment set out in the Fourth Schedule to this Law, or the Court may sentence the person to Community Service in accordance with section 596 of this Law. (3) Subject to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) relating to appeals, a person against whom an order for payment of compensation is made under this section may appeal against the order as if the person was convicted after trial by the Court that issued the order.

472. Injured person may refuse to accept compensation, but payment of compensation bars further liability. (1) A person to whom compensation is awarded may refuse to accept the compensation. (2) Where: (a) the person to whom compensation is awarded accepts the compensation; or (b) the person ordered to pay the compensation defaults and is imprisoned for the non-payment; the receipt of compensation under paragraph (a) or imprisonment under paragraph (b) (as the case may be) of this subsection bars any further action for the same injury. (3) Before making an order for compensation under this Law, the Court shall explain the full effect of this section to the person to whom compensation is awarded.

473. Monies paid as compensation recoverable as fines. Any compensation ordered to be paid under this Law or any other enactment relating to any criminal proceedings may be enforced as if it were a fine.

474. Warrant for levy of fine. (1) Where: (a) a defendant or a convicted person is ordered to pay a fine or compensation to another person under section 469 of this Law; or (b) a person is subject to the recovery of a penalty for forfeiture of a bond under this Law; and (c) the person under paragraph (a) or (b) of this subsection defaults (referred to as the defaulter in this section), the Court passing the sentence or making the order may, notwithstanding that the defaulter may be imprisoned, issue a warrant for the levy of the amount by any means permitted by law, including: (i) by the seizure and sale of any movable property belonging to the defaulter, (ii) by the attachment of any debt due to the defaulter, and/or (iii) subject to the provisions of the Land Use Act, by the attachment and sale of any immovable property of the defaulter located within the Court?s jurisdiction. (2) A warrant for seizure and sale of the defaulter’s movable property under this section shall be addressed to the Court in whose jurisdiction it is to be executed. (3) Where the execution of a warrant is to be enforced by attachment of debts or sale of immovable property, the warrant shall be sent for execution to any Court competent to execute orders for the payment of money in civil suits, and the Court shall follow the procedure for the time being in force for the execution of such orders.

475. - (1) Where the Court convicts a person and orders him or her to pay a fine (with or without a term of imprisonment in default of paying the fine), the Court authorised to issue a warrant under section 476 of this Law may do any of the following: (a) allow time for payment of the fine; (b) direct that the fine be paid by instalments; (c) postpone the issue of a warrant under section 476 of this Law; (d) without postponing the issue of a warrant under section 476 of this Law, postpone the sale of any property seized under the warrant; or (e) postpone the execution of the sentence of imprisonment in default of payment of the fine. (2) The Court may make an order under subsection (1) of this section subject to the convicted person giving such security as the Court may consider fit, through a bond with or without sureties, in which case: (a) the bond may be conditioned on the payment of the fine in accordance with the order, or (b) the appearance of the convicted person as required in the bond, or (c) both requirements under paragraphs (a) and (b) of this subsection. (3) The Court may also, in exercising the powers under subsection (1) of this section, order the suspension of the sentence of imprisonment and release of a person who has been committed to a Custodial Centre in default of payment of a fine; provided that the convicted person gives the security specified in subsection (2) of this section. (4) Where a person defaults in paying a fine based on an order under this section, the Court that makes the order may: (a) enforce payment of the fine (or the outstanding part of the fine) by any means authorised in this Law; and may (b) cause the defaulter’s arrest and committal (or recommittal) to a Custodial Centre for a term commensurate with the fine, using the scale of imprisonment in the Fourth Schedule to this Law.

476. Wrongful conversion or detention of property and award of damages. (1) Where: (a) a defendant is charged for an offence relating to property; and (b) the Court considers that the evidence: (i) is insufficient to support the charge, but (ii) establishes wrongful conversion or detention of property; the Court may order that such property be restored and may also award reasonable damages to the person entitled to the property. (2) The damages awarded under this section shall be recovered as prescribed in section 475 of this Law.

477. Meaning of property. In this Part, "property", means movable or immovable property of every kind, on or in respect of which an offence may be committed, and includes: (a) property originally in the possession or control of a party (the "original property"); (b) property into or for which the original property has been converted or exchanged; and (c) anything acquired by the conversion or exchange.

478. Order for custody and disposal of property pending trial. Where any property on or in respect of which an offence appears to have been committed (or which appears to have been used for the commission of an offence) is produced before a Court during an inquiry or a trial, the Court may: (a) make such order as it thinks fit for the proper custody of that property pending the conclusion of the proceedings or trial; and (b) where the property is subject to quick decay, and after considering such evidence as it thinks necessary: (i) order the property’s sale or disposal, and (ii) give directions for how the proceeds of the sale or disposal should be dealt with.

479. Order for custody and disposal of property after trial. (1) At the conclusion of any criminal proceedings or trial, the Court may make any order concerning property produced before it or in its custody, and on or in respect of which an offence appears to have been committed, or which appears to have been used for the commission of an offence, including: (a) disposal of the property by destruction; (b) confiscation of the property; (c) delivery of the property to a person appearing to be entitled to the possession; or (d) as the Court might otherwise determine. (2) Notwithstanding the pendency of: (a) the trial; (b) the criminal proceedings; or (c) an appeal; the Court may make an order under subsection (1) of this section to deliver any property to a person appearing to be entitled to its possession; provided that the person executes a bond (with or without sureties) to the Court’s satisfaction, undertaking to return the property to the Court if the need arises. (3) An order made under this section may be appealed against as if it is the final judgment of the Court making the order.

480. Custody or sale of property. (1) Where the Court orders the forfeiture or confiscation of any property, but does not make an order for its destruction or delivery to any person, the Court may direct that the property: (a) shall be kept or sold; and (b) if sold, the proceeds of the sale be held as the Court directs until a person establishes a right to the property to the Court’s satisfaction. (2) Where no person establishes a right to the property within six months from the date of forfeiture or confiscation, the proceeds of the sale shall be paid into the Consolidated Revenue Fund of the State, or any other appropriate account as the Court may direct. (3) Where an order is made under this section in a case in which an appeal lies, the order shall not, subject to subsection (4) of this section, be carried out until the period allowed for presenting the appeal has passed or, when the appeal is entered, until the disposal of the appeal. (4) Subsection (3) of this Section does not apply where the property is livestock or is subject to quick and natural decay.

481. Seizure of things intended to be used in commission of crime. Where there is reason to believe that an instrument, material, or thing is being prepared or used, for the commission of a crime, the Court may: (a) order the seizure of the instrument, material, or thing; and (b) direct the forfeiture of the confiscated instrument, material, or thing in the same manner as property under section 486 of this Law.

482. Destruction of seditious, prohibited, or obscene publications and objects. (1) Upon a person’s conviction for an offence relating to an obscene publication, the Court may order the confiscation and destruction of all the copies of the publication or thing, including those that remain in the possession or control of the convicted person. (2) Upon a person’s arrest for an offence relating to adulterated or unfit food, drink(s), or drug(s), the Court may order the confiscation and destruction of the food, drink, or drug, and any other adulterated or unfit items in the possession or control of the defendant.

483. Search warrant may be used to search for things. Where a Court is satisfied by information on oath that there is reasonable ground for believing that anything that could be the subject of an order under section 481 or 482 of this Law is within any building, vehicle, aircraft or any other place within the State, it may issue a warrant to: (a) search for the thing; and (b) where the thing is found, bring it before a Court to be dealt with as the Court considers proper in the circumstances.

484. Restoration of possession of immovable property. (1) Where: (a) a defendant is convicted of an offence carried out by criminal force; and (b) it appears to the Court that the use of criminal force dispossessed a victim of any immovable property; the Court may order the possession of the property to be restored to the victim. (2) An order under this section shall not prejudice any right or interest to or in the immovable property, which any person, including the convicted person, may be able to establish in a civil suit.

485. Procedure on seizure of property taken during arrest, investigation or suspected to be stolen. (1) Where a law enforcement agency seizes property: (a) during an arrest or investigation; or (b) that is alleged or suspected to be stolen; or (c) that is found in circumstances that create a suspicion of the commission of an offence; it shall report the seizure to a Court within 48 hours of taking the property, and the Court shall make an order for: (i) the disposal of the property, or (ii) its delivery to the person entitled to its possession or such other person as the Court may deem fit in the circumstances. (2) Where the person entitled to the possession of property referred to in subsection (1) of this section is unknown, the Court: (a) may detain the property; and (b) shall issue a public notice that: (i) specifies the details of the property, and (ii) invites any person that might have a claim to it to appear before the Court and establish his or her claim within 6 months from the date of the notice.

486. Procedure where owner of property seized is unknown. (1) Where: (a) no person establishes a claim for property within the period stated in section 485(2)(b)(ii) of this Law; and (b) the person in whose possession the property is found cannot show that he or she acquired it lawfully; the property: (i) shall be at the Court’s disposal, (ii) may be sold under a Court order, and (iii) the proceeds of the sale shall be forfeited to the Government of Delta State. (2) At any time within 6 years from the date a law enforcement agency seizes property, the Court may direct that the property or the proceeds of the sale of the property to be delivered to any person proving his or her title to it, upon the person’s payment of any expenses incurred by the Court in the matter.

487. Power to sell perishable property. Where the person entitled to the possession of property is unknown or absent and the property is perishable, the Court may, at any time, direct the sale of the property and sections 485 and 486 of this Law shall, with necessary modifications, apply to the net proceeds of the sale.

488. Payment of money found on defendant to innocent purchaser. Where: (a) a defendant is convicted of an offence relating to property; (b) it is proved that a person has acquired the stolen property from the defendant without knowing or having reason to believe that the property was stolen (the "i nnocent purchaser"); and (c) money has been taken from the defendant on his or her arrest; the Court may order the payment of that money to the innocent purchaser upon: (i) the innocent purchaser’s application, and (ii) restitution of the stolen property to the person entitled to its possession provided that the payment shall not exceed the price paid by the innocent purchaser.

489. Restitution and disposition of property found on defendant. Where, on the arrest of a defendant charged with an offence, any property, other than that used in the commission of the offence, is taken from him or her, the Court before which the defendant is charged may order that the property or any part of it be: (a) restored to the person who appears to the Court to be entitled to it, and where that person is the defendant, that it be restored either to the defendant or to such other person as the defendant may direct; and/or (b) applied to the payment of any costs or compensation directed to be paid by the defendant.

490. Restitution of stolen property. (1) Where a defendant is convicted of an offence relating to property, the Court convicting the defendant may order that the property, or any part of it, be restored to the person who appears to it to be the owner of it, either with or without the owner’s payment of any sum named in the order to the person in whose possession the property (or any part of it) then resides. (2) This section shall not apply to: (a) a valuable security which has been paid or discharged in good faith by a person liable to pay or discharge the instrument, or (b) a negotiable instrument which has been received in good faith by transfer or delivery by a person for a valuable consideration without notice, or without any reasonable cause to suspect that it had been stolen.

491. Destruction of articles relating to counterfeiting where charged is laid. Where: (a) a defendant is charged with an offence relating to counterfeit currency; and (b) counterfeit currency or a thing intended to be used for making counterfeit currency is found in the defendant’s possession (actual or constructive), then irrespective of whether the defendant is convicted or not, the currency or thing shall not be returned to the defendant or to the person from whom it was taken but shall be destroyed in such a manner as the Court may order.

492. Destruction of articles relating to counterfeiting where no charge is laid. (1) Where a person: (a) comes into possession of banknotes, coinage, or any other thing; and (b) the person believes that: (i) the currency is counterfeit, or (ii) the thing is used for making counterfeit currency; the person must hand over the items in paragraph (b) of this subsection to a police officer not below the rank of an Inspector. (2) The police officer to whom items are handed over in subsection (1) of this section: (a) shall return the items to the person purporting to be the owner if the police officer is satisfied that the currency is not counterfeit and/or the thing is not intended to be used for making counterfeit currency; or (b) may destroy or cause the destruction of the items in a government approved manner police officer is satisfied that the currency is counterfeit and/or the thing is intended to be used for making counterfeit currency. (3) The police officer shall give notice of an intended action under subsection (2)(a) of this Section to the person who appears to be the owner of the currency (where the person is known and can be easily found), that the currency will be destroyed at the end of a specified number of days unless the owner shows that the currency is not counterfeit or that the thing is not intended to be used for making counterfeit currency. (4) A reasonable time shall be allowed for the person professing to be the owner to provide proof that the currency is not counterfeit or that the thing is not intended to be used for making counterfeit currency, and the person shall have no claim against the police officer or the State Government in respect of the destruction of the currency or thing.

493. Detention and destruction of counterfeit currency, etc. (1) Subject to this section, sections 491 and 492 of this Law shall apply to notes purporting to be legal tender in Nigeria as those sections apply in relation to currency. (2) No currency, matter or thing shall be destroyed under this Part, unless: (a) a Court orders its destruction in connection with a conviction for an offence; (b) it appears to a Magistrate having jurisdiction in the place where the currency, matter or thing is for the time being located, on an application made in accordance with rules of Court, that the existence of the currency, matter or thing is illegal and the Court makes an order for its forfeiture and destruction accordingly; or (c) in the absence of a conviction for an offence in respect of the currency, matter or thing and any pending prosecution for the offence, and of an order or pending application for an order for its forfeiture, the currency, matter, or thing; has been voluntarily surrendered by the person having possession of it to a superior police officer

494. Prohibition on retention of proceeds of crime. (1) No person may retain the proceeds of crime. (2) Proceeds of crime, or property that corresponds in value to such proceeds, must be confiscated by the Court after a person has been convicted of a criminal offence. (3) Confiscation encompasses the proceeds of crime, or property that corresponds in value to such proceeds, such as: (a) property into which the proceeds of crime have been transformed or converted; (b) property acquired from legitimate sources, if proceeds of crime have been intermingled, in whole or in part, with such property, up to the assessed value of the intermingled proceeds; and (c) income or other benefits derived from proceeds of crime, property into which proceeds of crime have been transformed or converted, or property with which proceeds of crime have been intermingled, up to the assessed value of the intermingled proceeds, in the same manner and to the same extent as the proceeds. (4) Where the confiscation of proceeds of crime or property of corresponding value is not feasible, the Court may order the convicted person to pay an amount of money that corresponds to the proceeds of crime.

495. Confiscation of proceeds of crime or property of corresponding value from a Third Party. (1) Proceeds of crime or property of corresponding value must be confiscated from a third party where: (a) the proceeds of crime or the property was: (i) transferred to the third party by the convicted person or another person without compensation, or (ii) transferred to the third party by the convicted person or another person for compensation that did not correspond to the real value of the proceeds or the property; and (b) the third party knew or should have known that the property was acquired through the perpetration of a criminal offence. (2) Where a legal person acquires the proceeds of crime or property of corresponding value, the proceeds or the property must be confiscated where: (a) the proceeds of crime or the property was transferred to the legal person by the convicted person or another person without compensation; or (b) the proceeds of crime or the property was transferred to the legal person by the convicted person or another person for compensation that did not correspond to the real value of the proceeds or the property. (3) Where a close relative of the convicted person acquires the proceeds of crime or property of corresponding value, the proceeds or the property must be confiscated, unless the person can prove that they gave the convicted person compensation that corresponds to the real value of the proceeds or the property.

496. Interpretation. In this Part, unless the context otherwise requires: "name", in relation to a person, means the person?s name and any particulars likely to lead to the person?s identification "suppression order" means an order under any of sections 502, 503 and 506 of this Law.

497. Context in which publication prohibited. For the purposes of this Part, publication means publication in the context of any report or account relating to the proceeding in respect of which the section applies or the order was made (as the case may be) and publish has a corresponding meaning. Publication does not include the compilation or transmission of a Record of Appeal.

498. Court proceedings generally open to public. Subject to sections 501, 499 and 501 of this Law and of any other enactment specifically Court hearings, the room or place in which a trial is to take place under this Law shall be an open Court, to which the public may have general access as far as it can conveniently accommodate them.

499. Power to clear Court. (1) A Court may make an order excluding from the whole or any part of any proceeding in respect of an offence all or any persons other than the following: (a) the presiding Judge or Magistrate; (b) the prosecutor; (c) the defendant and any person who is for the time being acting as custodian of the defendant; (d) any legal practitioner engaged in the proceedings; (e) any officer of the Court; and (f) the police officer in charge of the case. (2) The Court may make an order under subsection (1) of this Section only if the Court is satisfied that: (a) the order is necessary to avoid: (i) undue disruption to the conduct of the proceedings, (ii) prejudicing the security or defence of the State or any part of the State, (iii) a real risk of prejudice to a fair trial, (iv) endangering the safety of any person, or (v) prejudicing the maintenance of the law, including the prevention, investigation and detection of offences; and (b) a suppression order is not sufficient to avoid that risk. (3) Even if an order is made under subsection (1) of this Section, the announcement of the Court’s verdict or decision, and the passing of a sentence, must take place in public; but, if the Court is satisfied that exceptional circumstances exist, it may decline to state in public all or any of the facts, reasons, or other considerations that it has taken into account in reaching its decision or verdict, or in determining the sentence. (4) Where the Court is sitting in a place other than in a building, its authority to exclude the public under subsection (1) of this section shall be construed as authority requiring the public to stay a specific distance from where the Court is conducting a session, thus preventing the public from either hearing the proceedings or communicating with a person participating in the proceedings. (5) The power conferred by this section is in substitution for any power to clear the Court that a Court may have had under any inherent jurisdiction or any rule of law.

500. Court must be cleared when complainant gives evidence in cases of sexual nature. (1) In any case of a sexual nature, no person may be present in the Courtroom while the complainant or a witness that the Judge or Magistrate believes is under 18 years gives oral evidence (whether in chief or under cross-examination or on re-examination), except for the following: (a) the Judge or Magistrate; (b) the prosecutor; (c) the defendant and any person who is for the time being acting as custodian of the defendant; (d) any lawyer engaged in the proceedings; (e) any officer of the Court; (f) the police officer in charge of the case; (g) any person whose presence is requested by the complainant; and (h) any person expressly permitted by the Judge or Magistrate to be present. (2) Before the complainant starts to give evidence, the Judge or Magistrate must: (a) ensure that no person other than those referred to in subsection 500 of this Section is present in the Courtroom; and (b) advise the complainant of the complainant’s right to request the presence of any person under subsection (1)(g) of this Section. (3) For the purposes of this section, case of a sexual nature means proceedings in which a person is charged with, or is to be sentenced for, any of the following offences: (a) any offence against section 218 or 357 of the Criminal Code Law; (b) any offence against sections 4 or 6 of the Violence Against Persons Law; (c) any other offence against the person of a sexual nature; (d) being a party to the commission of any offence referred to in paragraphs (a) to (c) of this Section; and (e) conspiring with any person to commit any such offence.

501. Prohibition on children present in Court during trial of other. Neither an infant (other than an infant in the arms of parent or guardian) nor a child is permitted to be present in Court during the trial of a defendant charged with an offence or during any proceeding before the trial, except where: (a) the child is the defendant; or (b) the infant or child is a witness, or his or her presence is otherwise required in the interest of justice, in which case the infant or child may remain for as long as his or her presence is necessary.

502. Court may suppress identity of defendant. (1) A Court may make an order forbidding publication of the name, address, or occupation of a person who is charged with, or convicted or acquitted of, an offence. (2) The Court may make an order under subsection (1) of this Section only if the Court is satisfied that the publication would likely: (a) cause extreme hardship to the person charged with, or convicted of, or acquitted of the offence, or any person connected with that person; (b) cast suspicion on another person that may cause undue hardship to that person; (c) cause undue hardship to any victim of the offence; (d) create a real risk of prejudice to a fair trial; (e) endanger the safety of any person; (f) lead to the identification of another person whose name is suppressed by order or by law; (g) prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or (h) prejudice the security or defence of the State or any part of the State. (3) The fact that a defendant is well known does not, of itself, mean that publication of the defendant’s name will result in extreme hardship for the purposes of subsection (2)(a) of this Section. (4) Notwithstanding subsection (2) of this Section, when a person who is charged with an offence first appears before the Court, the Court may make an interim order under subsection (1) of this Section if that person advances an arguable case that one of the grounds in subsection (2) of this Section applies. (5) An interim order made in accordance with subsection (4) of this Section expires at the person’s next Court appearance and may only be renewed if the Court is satisfied that one of the grounds in subsection (2) of this Section applies. (6) When determining whether to make an order or further order under subsection (1) of this Section that is to have effect permanently, a Court must: (a) make all reasonable efforts to ensure that any views the victim has on the application are ascertained; and (b) take those views into account.

503. Court may suppress identity of witnesses, victims, and connected persons. (1) A Court that is hearing a proceeding in respect of an offence may make an order forbidding publication of the name, address, or occupation of any person who: (a) is called as a witness; (b) is a victim of the offence; or (c) is connected with the proceedings or is connected with the person who is accused of, or convicted of, or acquitted of the offence. (2) The Court may make an order under subsection (1) of this Section only if the Court is satisfied that publication would likely: (a) cause undue hardship to the witness, victim, or connected person; (b) create a real risk of prejudice to a fair trial; (c) endanger the safety of any person; (d) lead to the identification of another person whose name is suppressed by order or by law; (e) prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or (f) prejudice the security or defence of the State or any part of the State. (3) Subsection (1) of this Section applies whether or not the Court has made an order under section 502 of this Law suppressing the identity of the defendant. (4) An order under subsection (1) suppressing the identity of a witness, victim, or connected person may not prevent publication of the name of the defendant (which may be prohibited only by an order made under section 502 or the nature of the charge.

504. Automatic suppression of identity of complainant in specified sexual cases. (1) This section applies if a person is accused or convicted of an offence against any of sections 3 or 4 of the Violence Against Persons Law, or sections 216, 218, 357 or 358 of the Criminal Code Law. (2) The purpose of this section is to protect the complainant. (3) No person may publish the name, address, or occupation of the complainant, unless: (a) the complainant is aged 18 years or older; and (b) the Court, by order, permits such publication. (4) The Court must make an order referred to in subsection (1)(b) of this Section if: (a) the complainant: (i) is aged 18 years or older (whether or not the complainant was aged 18 years or older when the offence was, or is alleged to have been, committed), and (ii) applies to the Court for such an order; and (b) the Court is satisfied that the complainant understands the nature and effect of his or her decision to apply to the Court for the order; and (c) in any case where publication of the complainant’s identity may lead to the identification of the person who is charged with or convicted of the offence, no order or further order has been made under section 502of this Law prohibiting publication of the identity of that person. (5) An order made under subsection (3)(b) of this Section ceases to have effect if: (a) publication of the identity of the complainant may lead to the identification of the person who is charged with or convicted of the offence; and (b) that person applies to a Court for an order or further order under section 502 of this Law prohibiting publication of his or her identity; and (c) the Court makes the order or further order under section 502.

505. Automatic suppression of identity of child complainants and witnesses. (1) Unless the Court, by order, permits publication, no person may publish the name, address, or occupation of a person who is under the age of 18 years who: (a) is the complainant; or (b) is called as a witness in any proceeding in respect of an offence. (2) Notwithstanding subsection (1) of this Section, the name, address, or occupation of a child who dies as a result of the offence may be published. (3) Nothing in subsection (1) of this Section prevents publication of the name of the defendant or the nature of the charge. (4) The Court must make an order permitting any person to publish the name, address, or occupation of a complainant or witness, if: (a) the complainant or witness, having reached the age of 18 years, applies to the Court for such an order; and (b) the Court is satisfied that the complainant or witness understands the nature and effect of his or her decision to apply to the Court for the order; and (c) in any case where publication of the identity of the complainant or witness may lead to the identification of the person who is charged with or convicted of the offence, no order or further order has been made under section 502 of this Law prohibiting publication of the identity of that person. (5) An order made under subsection (4) of this Section ceases to have effect if: (a) publication of the identity of the complainant or witness may lead to the identification of the person who is charged with or convicted of the offence; and (b) that person applies to a Court for an order or further order under section 502 of this Law prohibiting publication of his or her identity; and (c) the Court makes the order or further order under section 502 of this Law.

506. Court may suppress evidence and submissions. (1) A Court may make an order forbidding publication of any report or account of the whole or any part of the evidence adduced, or the submissions made in any proceeding in respect of an offence. (2) The Court may make an order under subsection (1) of this Section only if the Court is satisfied that publication would be likely to: (a) cause undue hardship to the witness, victim, or connected person; (b) create a real risk of prejudice to a fair trial; (c) endanger the safety of any person; (d) lead to the identification of another person whose name is suppressed by order or by law; (e) prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or (f) prejudice the security or defence of the State or any part of the State.

507. Court must give reasons. (1) The Court must give reasons for making, varying, or revoking a suppression order. (2) If the Court is satisfied that exceptional circumstances exist, it may decline to state in public all or any of the facts, reasons, or other considerations that it has taken into account in reaching its decision.

508. Duration of suppression order and right of review. (1) A suppression order: (a) may be made permanently or for a limited period ending on a date specified in the order; and (b) if it is made for a limited period, may be renewed for a further period or periods by the Court; and (c) if it is made permanently, may be revoked by the Court at any time. (2) If the term of a suppression order is not specified, it has permanent effect. (3) A suppression order may be reviewed and varied by the Court at any time.

509. Publication by or at request of police, etc. (1) Nothing in sections 502 to 506 of this Law prevents publication by or at the request of any police officer or other law enforcement agent of the name, address, or occupation of any person who has escaped from lawful custody or has failed to attend any Court when lawfully required to do so if that publication is made for the purpose of facilitating that person’s recapture or arrest. (2) Nothing in sections 502 to 506 of this Law prevents publication of the name, address, or occupation of any person, or any details of the offences charged to: (a) any person assisting with the administration of the sentence imposed on the person or with the rehabilitation of the person; or (b) any Court official, police officer, or any officer or employee of the Nigerian Correctional Service or of the Ministry of Justice, who requires the information for the purposes of his or her official duties; or (c) any person who is conducting or proposing to conduct a public prosecution against the person for an offence, and who requires the information for the purposes of: (i) deciding whether or not to commence proceedings, or (ii) conducting that public prosecution.

510. Offences and penalties. (1) Every person who knowingly or recklessly publishes any name, address, occupation, or other information in breach of a suppression order or in breach of any of sections 504 and 505 of this Law commits an offence. (2) Every person who publishes any name, address, occupation, or other information in breach of a suppression order or in breach of any of sections 504 and 505 of this Law commits an offence. (3) Subsection (2) of this Section does not apply to a person who hosts material on websites or other electronic retrieval systems that can be accessed by a user unless the specific information has been placed or entered on the site or system by that person. (4) A person who commits an offence against subsection (1) of this Section is liable on conviction: (a) in the case of an individual, to a fine not exceeding N1,000,000 (One Million Naira); or (b) in the case of a body corporate, to a fine not exceeding N5,000,000 (Five Million Naira). (5) A person who commits an offence against subsection (2) of this Section is liable on conviction: (a) in the case of an individual, to a fine not exceeding N2,000,000 (Two Million Naira); or (b) in the case of a body corporate, to a fine not exceeding N7,000,000 (Seven Million Naira). (6) In a prosecution for an offence against subsection (2) of this Section, it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

511. Construction of provisions relating to punishment. (1) Subject to the provisions of an enactment relating to a specific offence or class of offences and to the jurisdiction conferred on any Court or on a person presiding over the Court, the provisions in this Part shall apply to sentences of death, imprisonment, fine, and non-custodial sentences. (2) Unless another enactment prescribes a minimum sentence or a mandatory sentence, nothing in any Law shall be construed to limit or affect, in any way, any provision of this Law conferring power on a Court to: (a) pass a sentence or impose a punishment; (b) make an order in addition to or instead of a sentence or punishment prescribed by that other enactment; or (c) otherwise, to deal with any offender.

512. Purposes of sentencing or otherwise dealing with offenders. (1) The purposes for which a Court may sentence or otherwise deal with an offender are: (a) to hold the offender accountable for harm done to the victim and the community by the offending act; (b) to promote in the offender a sense of responsibility for, and an acknowledgment of, that harm; (c) to provide for the interests of the victim of the offence; (d) to provide restitution for harm done by the offending act; (e) to denounce the conduct in which the offender was involved; (f) to deter the offender or other persons from committing the same or a similar offence; (g) to protect the community from the offender; (h) to assist in the offender’s rehabilitation and reintegration; or (i) a combination of two or more of the purposes in paragraphs (a) to (h) of this subsection. (2) For the avoidance of doubt, nothing about the order in which the purposes appear in this section implies that any purpose referred to must be given greater weight than any other purpose referred to.

513. - In sentencing or otherwise dealing with an offender, the Court must: (a) consider the gravity of the offending act in the particular case, including the offender’s degree of culpability; (b) consider the seriousness of the type of offence in comparison with other types of offences, as indicated by the maximum penalties prescribed for the offences; (c) impose the maximum penalty prescribed for the offence if the offending act is within the most serious of cases for which that penalty is prescribed, unless circumstances relating to the offender make that inappropriate; (d) impose a penalty near to the maximum prescribed for the offence if the offending act is near to the most serious of cases for which that penalty is prescribed, unless circumstances relating to the offender make that inappropriate; (e) consider the general desirability of consistency with appropriate sentencing levels and other means of dealing with offenders in respect of similar offenders committing similar offences in similar circumstances; (f) consider any information provided to the Court concerning the effect of the offending act on the victim; (g) impose the least restrictive outcome that is appropriate in the circumstances, in accordance with the hierarchy of sentences and orders set out in section 519 of this Law; (h) consider any particular circumstances of the offender that mean that a sentence or other means of dealing with the offender that would otherwise be appropriate would, in the particular instance, be disproportionately severe; and (i) consider the offender’s personal, family, community, and cultural background in imposing a sentence or other means of dealing with the offender with a partly or wholly rehabilitative purpose.

514. Aggravating and mitigating factors. (1) In sentencing or otherwise dealing with an offender, the Court must consider the following aggravating factors to the extent that they are applicable in the case: (a) that the offence involved actual or threatened violence or the actual or threatened use of a weapon; (b) that the offence involved unlawful entry into, or unlawful presence in, a dwelling place; (c) that the offence was committed while the offender was on bail or still subject to a sentence; (d) that the offence involves a sexual or domestic violence offence committed: (i) while the offender was subject to a protection order under section 35 of the Violence Against Persons Law, and (ii) against a person who was protected under the protection order; (e) the extent of any loss, damage, or harm resulting from the offence; (f) particular cruelty in the commission of the offence; (g) that the offender was abusing a position of trust or authority in relation to the victim; (h) that the victim was a law enforcement officer or an officer in the Nigeria Correctional Service acting in the course of his or her duty; (i) that the victim was an emergency health or fire services provider acting in the course of his or her duty at the scene of an emergency; (j) that the victim was particularly vulnerable because of his or her age or health or because of any other factor known to the offender; (k) that the offender committed the offence partly or wholly because of hostility towards a group of persons who have an enduring common characteristic such as ethnicity, tribe, religion, gender, age, or disability; and (i) the hostility is because of the common characteristic, and (ii) the offender believed that the victim has that characteristic; (l) that the offence was committed as part of, or involves, a terrorist act; (m) the nature and extent of any connection between the offending act and the offender’s: (i) participation in an organised criminal group, (ii) involvement in any other form of organised criminal association; (n) premeditation on the part of the offender and, if so, the level of premeditation involved; (o) the number, seriousness, date, relevance, and nature of any previous convictions of the offender and of any convictions for which the offender is being sentenced or otherwise dealt with at the same time; and (p) any failure by the offender to personally (or failure by the offender’s legal practitioner arising out of the offender’s instructions to, or failure or refusal to co- operate with the legal practitioner to) comply with a procedural requirement that, in the Court’s opinion, has done either or both of the following: (i) caused a delay in the disposition of the proceedings, and/or (ii) had an adverse effect on a victim or witness. (2) In sentencing or otherwise dealing with an offender the Court must consider the following mitigating factors to the extent that they are applicable in the case: (a) the age of the offender; (b) whether and when the offender pleaded guilty; (c) the conduct of the victim; (d) that there was a limited involvement in the offence on the offender’s part; (e) that the offender has, or had at the time the offence was committed, diminished intellectual capacity or understanding; (f) any remorse shown by the offender, or anything as described in section 516 of this Law; (g) that the offender (or the offender’s legal practitioner) has taken steps during the proceedings (other than steps to comply with procedural requirements) to shorten the proceedings or reduce their cost; (h) any adverse effects on the offender of a delay in the disposition of the proceedings caused by a failure by the prosecutor to comply with a procedural requirement; and (i) any evidence of the offender’s previous good character. (3) Notwithstanding subsection (2)(e) of this Section, the Court must not take into account by way of mitigation the fact that the offender was, at the time of committing the offence, affected by the voluntary consumption or use of alcohol or any drug or other substance (other than a drug or other substance used for bona fide medical purposes). (4) Nothing in subsection (1) or subsection (2) of this Section: (a) prevents the Court from considering any other aggravating or mitigating factor that the Court thinks fit; or (b) implies that a factor referred to in those subsections must be given greater weight than any other factor that the Court might consider. (5) In subsection (1)(i) of this Section, emergency health or fire services provider means a person who has a legal duty (under any enactment, employment contract, other binding agreement or arrangement, or other source) to, at the scene of an emergency, provide services that are either or both: (a) ambulance services, first aid, or medical or paramedical care; (b) services provided by or on behalf of State Fire Service or the State Emergency Management Agency to save life, prevent serious injury, or avoid damage to property. (6) In this section, procedural requirement means a requirement imposed by or under: (a) this Law, or (b) any rules of Court or regulations made under this Law.

515. Cases involving violence against, or neglect of, child under 16 years. (1) This section applies if the Court is sentencing or otherwise dealing with an offender in a case involving violence against, or neglect of, a child under the age of 16 years. (2) The Court must consider the following aggravating factors to the extent that they are applicable in the case: (a) the defencelessness of the victim; (b) in relation to any harm resulting from the offence, any serious or long-term physical or psychological effect on the victim; (c) the magnitude of the breach of any relationship of trust between the victim and the offender; (d) threats by the offender to prevent the victim reporting the offending act; and (e) deliberate concealment of the offending act from authorities. (3) The factors in subsection (2) of this Section are in addition to any factors the Court might consider under section 514 of this Law. (4) Nothing in this section implies that a factor referred to in subsection (2) of this Section must be given greater weight than any other factor that the Court might consider.

516. Court must consider offer, agreement, response, or measure to make amends. (1) In sentencing or otherwise dealing with an offender the Court must consider: (a) any offer of amends, whether financial or by means of the performance of any work or service, made by or on behalf of the offender to the victim; (b) any agreement between the offender and the victim as to how the offender may remedy the wrong, loss, or damage caused by the offender or ensure that the offending act will not continue or recur; and (c) any remedial action taken or proposed to be taken by the offender in relation to the circumstances of the offending act. (2) In deciding whether and to what extent any matter referred to in subsection (1) of this Section should be considered, the Court must take into account: (a) whether or not it was genuine and capable of fulfilment; and (b) whether or not it has been accepted by the victim as correcting or mitigating the wrong. (3) If a Court determines that, despite an offer, agreement, response, measure, or action referred to in subsection (1) of this Section, it is appropriate to impose a sentence, it must take that offer, agreement, response, measure, or action into account when determining the appropriate sentence for the offender. (4) Without limiting any other powers of a Court to adjourn, in any case contemplated by this section a Court may adjourn the proceedings until: (a) compensation has been paid; or (b) the performance of any work or service has been completed; or (c) any agreement between the victim and the offender has been fulfilled; or (d) any remedial action referred to in subsection (1)(c) of this Section has been completed.

517. Court may correct erroneous sentences. (1) If any sentence is one that could not by law be imposed, or if the Court does not impose a sentence that is required by law to be imposed, the Court may impose a new sentence: (a) on the application of either of the parties; or (b) on its own motion. (2) The decision of the Court may be made: (a) if sentence was imposed in the High Court, by the High Court Judge who imposed the sentence or, if that Judge is not available, by any High Court Judge; or (b) if the sentence was imposed in the Magistrates’ Court, by the Magistrate who imposed the sentence or, if that Magistrate is not available, by any other Magistrate of an equivalent or higher Grade.

518. Procedure if court corrects erroneous sentence. (1) For a new sentence to be imposed in accordance with section 517 of this Law, the Court may: (a) issue a summons to bring the defendant before the Court to be sentenced; or (b) whether or not a summons has been issued or served, issue a warrant to arrest the defendant and bring him or her before the Court to be sentenced. (2) If the Court imposes a new sentence, the time for appeal against conviction or sentence, or both, runs from the date of the new sentence.

519. Hierarchy of sentences and orders. (1) The hierarchy of sentences and orders set out in subsection (2) of this Section reflects the relative level of supervision and monitoring of, and restrictions imposed on, an offender under each sentence or order. (2) The hierarchy of sentences and orders, from the least restrictive to the most severe, is as follows: (a) discharge or order to come up for sentence if called on; (b) sentences of a fine and restitution; (c) community-based sentences of community service and supervision; (d) community-based sentences of intensive supervision; (e) sentence of imprisonment; (f) capital punishment.

520. Discharge or order to come up for sentence if called on. (1) If a person who is charged with an offence is found guilty, or pleads guilty, before entering a conviction and imposing a sentence the Court must consider whether the offender would be more appropriately dealt with by: (a) discharging the offender without conviction under section 664 of this Law; or (b) convicting and discharging the offender under section 664 of this Law; or (c) convicting the offender and ordering the offender, under section 668 of this Law, to come up for sentence if called on. (2) If any provision applicable to the particular offence in this or any other enactment provides a presumption in favour of imposing, on conviction, a sentence of imprisonment, a community-based sentence, or a fine, then: (a) notwithstanding subsection (1) of this Section, a Court is not obliged to consider whether the offender would be more appropriately dealt with in the manner described in any of paragraphs (a), (b) or (c) of that subsection; but (b) the Court is not precluded from dealing with the offender in that manner if the Court thinks that it is appropriate in the circumstances.

521. Restitution. (1) If a Court is lawfully entitled under this Law to impose a sentence or order of restitution, it must impose it unless it is satisfied that the sentence or order would result in undue hardship for the offender or the dependants of the offender, or that any other special circumstances would make it inappropriate. (2) A sentence of restitution may be imposed, in relation to any particular offence, on its own or in addition to any other sentence. (3) If a Court does not impose a sentence or order of restitution in a case where it is lawfully entitled to do so, it must give reasons for not doing so. (4) In this section, order of restitution means an order under section 664(3)(b), 666(b), or 668(3)(b) of this Law.

522. Sentence of fine. If a Court is lawfully entitled under this or any other enactment to impose a fine in addition to, or instead of, any other sentence, the Court must regard a fine as the appropriate sentence for the particular offence unless: (a) the Court is satisfied that the purpose or purposes for which sentence is being imposed cannot be achieved by imposing a fine; (b) the Court is satisfied that the application of any of the principles in section 513 of this Law to the particular case make a fine inappropriate; (c) any provision applicable to the particular offence in this or any other enactment provides a presumption in favour of imposing any other sentence or requires the Court to impose any other sentence; or (d) the Court is satisfied that a fine, on its own or in addition to a sentence of restitution, would otherwise be clearly inadequate in the circumstances.

523. Restitution, fines, and financial capacity of offender. (1) Even if it would be appropriate in accordance with section 522 of this Law to impose a fine, a Court may nevertheless decide not to impose a fine if it is satisfied that the offender does not or will not have the means to pay it. (2) If a Court considers that it would otherwise be appropriate to impose a sentence of restitution and a sentence of a fine, but it appears to the Court that the offender has or will have the means to pay a fine or make restitution, but not both, the Court must sentence the offender to make restitution.

524. Community-based sentence. (1) If a Court is lawfully entitled under this or any other enactment to impose a community-based sentence or a fine, or both, it may impose a community-based sentence only if: (a) the Court, in accordance with section 522 of this Law, does not regard a fine as the appropriate sentence; or (b) the Court is not going to impose a fine because of either of the circumstances referred to in section 523 of this Law. (2) This section is subject to any provision in this Law or any other enactment that: (a) provides a presumption in favour of or against imposing a particular sentence in relation to a particular offence; or (b) requires a Court to impose a particular sentence in relation to a particular offence.

525. Sentence of imprisonment. (1) When considering the imposition of a sentence of imprisonment for any particular offence, the Court must have regard to the desirability of keeping offenders in the community as far as that is practicable and consonant with the safety of the community. (2) The Court must not impose a sentence of imprisonment unless it is satisfied that: (a) a sentence is being imposed for all or any of the purposes in section 512(1)(a) to (c), (e), (f) or (g) of this Law; and (b) those purposes cannot be achieved by a sentence other than imprisonment; and (c) no other sentence would be consistent with the application of the principles in section 513 of this Law to the particular case. (3) This section is subject to any provision in this Law or any other enactment that: (a) provides a presumption in favour of or against imposing a sentence of imprisonment in relation to a particular offence; or (b) requires a Court to impose a sentence of imprisonment in relation to a particular offence.

526. Imprisonment may be imposed if offender is unlikely to comply with other sentences. Nothing in this Part limits the discretion of a Court to impose a sentence of imprisonment on an offender if the Court is satisfied on reasonable grounds that the offender is unlikely to comply with any other sentence that it could lawfully impose and that would otherwise be appropriate.

527. Capital punishment. (1) Capital punishment may be imposed only for a crime for which the death penalty is prescribed by law at the time of its commission, and must be carried out in accordance with this Part. (2) Notwithstanding subsection (1) of this Section, if, after the commission of the crime, legislation is enacted for the imposition of a less severe penalty, the offender shall benefit thereby. (3) Persons below 18 years of age at the time of the commission of the crime shall not be sentenced to death, but the Court shall have regard to the provisions of the Childs Right Law. (4) The death sentence shall not be carried out on pregnant women, or on nursing mothers, but the Court shall have regard to the provisions of the Childs Right Law. (5) Capital punishment may be imposed only when the guilt of the offender is based upon clear and convincing evidence leaving no room for an alternative explanation of the facts. (6) Subject to subsection (7) of this section, capital punishment may only be carried out after a final judgement rendered by the Supreme Court of Nigeria. (7) Anyone sentenced to death shall have the right to seek pardon, or commutation of sentence; pardon or commutation of sentence may be granted in all cases of capital punishment. (8) Capital punishment shall not be carried out pending any appeal or other recourse procedure or other proceeding relating to pardon or commutation of the sentence. (9) Where capital punishment occurs, it shall be carried out either by: (a) Hanging the offender by the neck until he or she is dead. The Court shall pronounce a death sentence by hanging in the following form: "The sentence of the Court upon you is that you be hanged by the neck until you are dead, and may the Lord have mercy on your soul." (b) Lethal injection. The Court shall pronounce a death sentence by lethal injection in the following form: "The sentence of the Court upon you is that you be put to death by lethal injection, and may the Lord have mercy on your soul;" Provided that where a Court sentences an offender to death by lethal injection and the facilities to carry out the sentence are not available; the sentence may be carried out by hanging without further recourse to the Court.

528. Judge's certificate of death sentence is sufficient and full authority for convict's execution, unless the convict is pardoned or reprieved. A Judge who pronounces a sentence of death: (a) shall issue under the Judge’s hand and the seal of the Court, a certificate that the sentence of death has been pronounced upon the offender named in the certificate; and (b) the certificate shall be sufficient and full authority in law for the offender’s detention in safe custody until the death sentence can be carried into effect in accordance with and subject to this Part.

529. Steps to be taken by the registrar. The registrar of the Court that passes a death sentence on an offender shall, as soon as practicable after the sentence’s pronouncement: (a) deliver two copies of the certificate issued by the Judge under section 528 of this Law to the Commissioner of Police, who shall: (i) retain one copy of the Certificate, and (ii) deliver the other copy of the Certificate to Superintendent in Charge of the Custodial Centre in which the offender is confined; (b) deliver one copy of the Certificate to the Sheriff; and (c) file one copy of the certificate with the record of proceedings in the case.

530. Offender may send request to Committee on Prerogative of Mercy. (1) Where an offender: (a) has been sentenced to death and: (i) has exhausted his or her legal rights to appeal against the conviction and sentence, and an appellate Court has not reduced or quashed the conviction and sentence, or (ii) has failed to exercise his or her legal rights of appeal, or perfect or prosecute the appeal within the time prescribed by law; or (b) desires to have his or her case considered by the Advisory Council on the Prerogative of Mercy; the offender shall forward his or her request through a legal practitioner or a Superintendent in Charge of the Custodial Centre in which the offender is confined to the Advisory Council on the Prerogative of Mercy.

531. Governor to consider report. (1) The Governor, after considering any report made under section 530 of this Law, and after obtaining the Advisory Council’s advice, must decide: (a) whether or not to recommend that the sentence should be commuted to imprisonment for life; (b) whether the sentence should be commuted to any specific period; or (c) whether the offender should be otherwise pardoned or reprieved. (2) Where, for the purposes of subsection (1) of this section, the Advisory Council is required to advise the Governor concerning any person sentenced to death: (a) the Attorney-General shall cause a record of the case to be prepared and submitted to the Advisory Council, and (b) the Advisory Council shall, in giving its advice, have regard to the matters set out in that record.

532. Where pardon or reprieve is granted. (1) Where the Governor decides to commute the offender’s sentence or otherwise grant the offender pardon or reprieve, he or she shall issue an order: (a) one copy of which shall be sent to the Superintendent in Charge of the Custodial Centre in which the offender is confined; and (b) another copy of which shall be sent to the Sheriff, directing that the execution shall not be carried out. (2) The Governor may recommend the offender’s imprisonment or release, subject, in either case, to such conditions, if any, as the Governor may specify. (3) The Sheriff and the Superintendent in Charge of the Custodial Centre in which the convict is confined must comply with and give effect to every order issued under the provisions of subsections (1) and (2) of this section.

533. Copy of order to be sent to Judge. The Attorney-General shall deliver (or cause delivery of) the Governor’s order issued under section 532 (1) and (2) of this Law to the Judge who presided over the trial or to the Judge’s successor in office, and the Judge shall cause the order to be entered in the record of the Court.

534. Where pardon or reprieve is not granted. (1) Where the Governor decides not to commute the offender’s sentence or otherwise grant the offender pardon or reprieve, the Governor shall issue an order duly signed by him or her and sealed as prescribed in one of the forms set out in the Fifth Schedule of this Law or as near to it as circumstances permit. (2) The Governor’s order may state the place and time for the offender’s execution and give directions concerning the place of burial of the body. (3) A copy of the Governor’s order shall be forwarded to the Superintendent in Charge of the Custodial Centre in which the offender is confined, and the officer shall give effect to the order. (4) Where the Governor’s order does not specify the place and time for the offender’s execution or give directions concerning the place of burial of the body, the Superintendent in Charge of the Custodial Centre in which the offender is confined shall endorse on the order, over his or her signature, the place and time of execution and place of burial.

535. Procedure where woman convicted of capital offence is alleged to be pregnant or becomes pregnant. (1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, the Court must, before passing sentence on her, determine whether or not she is pregnant. (2) The Court shall determine the question of a woman’s pregnancy under subsection (1) of this Section on any evidence that the woman (by herself or on her behalf) or the prosecution presents. (3) Where, in proceedings under this section, the Court finds that the woman in question: (a) is not pregnant, the Court shall proceed to pronounce the sentence of death upon her; or (b) is pregnant, the Court shall not pronounce the sentence of death upon her but shall sentence her to imprisonment for life.

536. Permitted combinations of sentences. (1) No Court may impose a combination of sentences of different types on an offender in respect of one or more offences except as provided in this section. (2) A sentence of restitution may be imposed with any sentence. (3) A sentence of a fine may be imposed with any sentence but may only be imposed with a sentence of imprisonment in respect of a particular offence if authorised by the enactment creating the offence. (4) A sentence of supervision may be combined with any sentence except intensive supervision, imprisonment, or a capital punishment. (5) A sentence of community service, subject to section 537(2) of this Law, may be combined with any sentence except imprisonment or a capital punishment. (6) A sentence of intensive supervision may be combined with any sentence except supervision, imprisonment, or a capital punishment. (7) A sentence of imprisonment may be combined with a sentence of restitution or, subject to subsection (3) of this Section, a fine.

537. Guidance on use of combinations of sentences. (1) A Court may impose a particular combination of sentences on an offender only if satisfied that any of the sentences making up the combination, if imposed alone or in any less restrictive combination, would not be in accordance with: (a) the purpose or purposes for which sentence is imposed; or (b) the application of the principles in section 513 of this Law to the particular case. (2) A Court may only combine a sentence of community service with a sentence of supervision or intensive supervision if satisfied that: (a) a sentence of community service is appropriate; but (b) the offender requires the imposition of standard conditions or any of the special conditions available under a sentence of supervision or intensive supervision to address the causes of his or her offending act.

538. Power of adjournment for inquiries as to suitable punishment. A Court may adjourn the proceedings in respect of any offence after the offender has been found guilty or has pleaded guilty and before the offender has been sentenced or otherwise dealt with for any one or more of the following purposes: (a) to enable inquiries to be made or to determine the most suitable method of dealing with the case; (b) to enable a restorative justice process to occur, or to be completed; (c) to enable a restorative justice agreement to be fulfilled; (d) to enable a rehabilitation programme or course of action to be undertaken; (e) to determine whether to impose a forfeiture order and, if so, the terms of that order; and/or (f) to enable the Court to take account of the offender’s response to any process, agreement, programme, or course of action referred to in paragraph (b), (c), or (d) of this Section.

539. Pre-sentence reports. (1) If an offender who is charged with an offence punishable by imprisonment is found guilty or pleads guilty, the Court may direct a Court Registrar, or another official that the Court deems appropriate, to prepare a report for the Court in accordance with subsection (2) of this Section. (2) A pre-sentence report may include: (a) information regarding the personal, family, community, and cultural background, and social circumstances of the offender; (b) information regarding the factors contributing to the offence, and the rehabilitative needs of the offender; (c) information regarding any offer, agreement, response, or measure of a kind referred to in section 516(1) of this Law or the outcome of any other restorative justice processes that have occurred in relation to the case; (d) recommendations on the appropriate sentence or other disposition of the case, considering the risk of further offending by the offender; (e) in the case of a proposed sentence of supervision or intensive supervision, recommendations on the appropriate conditions of that sentence; (f) in the case of a proposed sentence of supervision or intensive supervision involving one or more programmes: (i) a report on the programme or programmes, including a general description of the conditions that the offender will have to abide by, and (ii) confirmation that the report has been made available to the offender; (g) in the case of a proposed sentence of supervision or intensive supervision involving a special condition requiring the offender to take prescription medication, confirmation that the offender: (i) has been fully advised by a person who is qualified to prescribe that medication about the nature and likely or intended effect of the medication and any known risks, and (ii) consents to taking the prescription medication; (iii) training in basic work and living skills. (h) in the case of a proposed sentence of community service: (i) information regarding the availability of community service of a kind referred to in section 607 of this Law in the area in which the offender will reside; and (ii) recommendations on whether the Court should authorise, under section 611 of this Law, hours of work to be spent undertaking training in basic work and living skills. (3) The Court must not direct the preparation of a report under subsection (1) of this Section on any aspects of the personal characteristics or personal history of an offender if a report covering those aspects is readily available to the Court and there is no reason to believe that there has been any change of significance to the Court since the report was prepared. (4) On directing the preparation of a report under subsection (1) of this Section, the Court may indicate to the Community Service Officer the type of sentence that the Court is considering and may also give any other guidance to the Community Service Officer that will assist the officer to prepare the report. (5) If a Court has directed the preparation of a report under subsection (1) of this Section, the Community Service Officer charged with the preparation of the report may seek the further directions of the Court on: (a) any particular item of information sought by the Court; or (b) any alternative sentence or other mode of disposition that may be considered by the Court if it appears that the sentence or other mode of disposition under consideration is inappropriate.

540. Sentence of restitution. (1) A Court may impose a sentence of restitution if an offender has, through or by means of an offence of which the offender is convicted, caused a person to suffer: (a) loss of or damage to property; (b) emotional harm; or (c) loss or damage consequential on any emotional or physical harm or loss of, or damage to, property. (2) Notwithstanding subsection (1) of this Section, a Court must not impose a sentence of restitution in respect of emotional harm, or loss or damage consequential on emotional harm, unless the person who suffered the emotional harm is a person described in paragraph (a) of the definition of victim in section 2 of this Law. (3) In determining whether a sentence of restitution is appropriate or the amount of restitution to be made for any consequential loss or damage described in subsection (1)(c) of this Section, the Court must take into account whether there is or may be, under the provisions of any enactment or rule of law, a right available to the person who suffered the loss or damage to bring proceedings or to make any application in relation to that loss or damage. (4) Subsection (3) of this Section applies whether or not the right to bring proceedings or make the application has been exercised in the particular case, and whether or not any time prescribed for the exercise of that right has expired. (5) When determining the amount of restitution to be made, the Court must consider any offer, agreement, response, measure, or action as described in section 516 of this Law. (6) The Court must not impose as part of a sentence of restitution an obligation on the offender to perform any form of work or service for the person who suffered the harm, loss, or damage.

541. Court may order restitution report. (1) If the Court considers that a sentence of restitution may be appropriate, the Court may order a Community Service Officer, or any other person designated by the Court for the purpose, to prepare a restitution report for the Court in accordance with section 542 of this Law on all or any of the following matters: (a) in the case of loss of or damage to property, the value of that loss or damage and any consequential loss or damage; (b) in the case of emotional harm, the nature of that harm and the value of any consequential loss or damage; (c) in the case of any loss or damage consequential on physical harm, the nature and value of the loss or damage; (d) the financial capacity of the offender; (e) the maximum amount that the offender is likely to be able to pay under a sentence of restitution; and/or (f) the frequency and magnitude of any payments that should be required under a sentence of restitution if provision for payment by instalments is thought desirable. (2) The Court may decline to seek a report under subsection (1) of this Section and impose a sentence of restitution without further inquiry if: (a) the Court is satisfied as to the amount of restitution that the offender should pay; (b) the type of information referred to in a restitution report is available through other means (including, without limitation, a declaration made following a direction under section 550 of this Law; or (c) in all the circumstances the Court considers that a report is unnecessary. (3) For the purposes of the preparation of a restitution report, a Court may direct the offender to make a declaration as to his or her financial capacity in accordance with section 531 of this Law.

542. Restitution reports. (1) A Community Service Officer or other person who is required by a Court to prepare a report under section 541 of this Law must attempt to gain agreement between the offender and the person who suffered the harm, loss, or damage on the amount that the offender should be required to pay by way of restitution. (2) If agreement is reached, the Community Service Officer or other person must report the terms of the agreement to the Court (in addition to any other matters on which the Court has required a report). (3) If no agreement is reached, the Community Service Officer or other person must: (a) in respect of emotional harm, state in the report the respective positions of the offender and the person who suffered the harm, and that the matter is unresolved; and (b) in respect of loss of, or damage to, property, either: (i) determine the value of the loss or damage and the consequential loss or damage on the evidence available, and include that value in the report, or (ii) state in the report that the matter is unresolved; and (c) in respect of loss or damage consequential on emotional or physical harm, either: (i) determine the value of the loss or damage on the evidence available, and include that value in the report, or (ii) state in the report the respective positions of the offender and the person who suffered the loss or damage, and that the matter is unresolved. (4) Notwithstanding subsections (1) to (3) of this Section, the person who suffered the harm, loss, or damage is not obliged to meet with the offender or otherwise participate in the preparation of the report. (5) The person who prepared a report under this section must give a copy to the person who suffered the harm, loss, or damage unless the Court orders otherwise. (6) Failure to give a copy of any report in accordance with Section 542(5) of this Section does not affect the validity of the proceedings in a Court or of any order made or sentence imposed by a Court.

543. Considering the financial capacity of offender. If the offender has insufficient means to pay the total value of the loss, damage, or harm, the Court may sentence the offender to make: (a) restitution for any amount that is less than the value of the loss, damage, or harm; (b) payment by instalments in respect of the loss, damage, or harm; or (c) both (a) and (b) of this Section.

544. Payment conditions of sentence of restitution. (1) If a Court sentences an offender to make restitution, the Court may: (a) allow the offender greater time to pay or allow the offender to pay by instalments, or both; or (b) require the offender to pay immediately. (2) If the Court does not make an order or give a direction under subsection (1) of this Section, the restitution must be paid in one lump sum within 28 days after the day on which it is imposed.

545. Copy of conditions of restitution to be given to person who suffered harm, loss, or damage. (1) A copy of the conditions of a sentence of restitution must be given to the person who suffered the harm, loss, or damage. (2) Failure to give a copy of the conditions of the sentence in accordance with this section does not affect the validity of the proceedings in the Court or of the sentence imposed by the Court.

546. Payment of sums to person who suffered harm, loss, or damage. (1) Every sum payable under a sentence of restitution must be paid to the person who suffered the harm, loss, or damage, or, with that person’s consent, to the person’s nominee. (2) A sentence of restitution does not affect any right that the person who suffered the harm, loss, or damage has, to recover by civil proceedings any damages in excess of the amount recovered under the sentence.

547. Cancellation of sentence of restitution. (1) A Court may, on an application under subsection (2) or (4) of this Section or on its own initiative: (a) cancel a sentence of restitution; or (b) cancel a sentence of restitution and substitute any other sentence (including another sentence of restitution) that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed. (2) An offender who is subject to a sentence of restitution may apply for an order under subsection (1) of this Section on the ground that the restitution is unaffordable because the offender’s financial position has changed significantly since the sentence was imposed. (3) The prosecutor may apply for an order under subsection (1) of this Section on the ground that the prosecutor reasonably believes that the sentence is unenforceable because the offender provided false or misleading information about the offender’s financial position that the Court relied on in imposing the sentence or because of any other reason. (4) The Court may make an order under subsection (1) of this Section (whether on application or on its own initiative) only if: (a) the person to whom the offender is required to pay the restitution: (i) has been informed and has been given the opportunity to be heard about the matter, or (ii) is unable to be found despite reasonable efforts made by the registrar; and (b) the Court is satisfied that: (i) the ground in subsection (2) or (3) has been established, and (ii) enforcement of the original sentence of restitution is unlikely to be effective. (5) If the Court is considering a substitute sentence: (a) the Court must take the following matters into account: (i) the amount of the original sentence of restitution that has been paid and the amount outstanding, and (ii) any other sentences or orders imposed on the offender concerning the offence for which the original restitution was imposed and the extent to which the restitution was considered in imposing those sentences or orders; and (b) if the offender provided false or misleading information about the offender’s financial position, the Court may take the following matters into account: (i) the extent to which the information was false or misleading, and (ii) the offender’s culpability in providing the information, including whether, in the Court’s opinion, the offender intended to mislead the Court. (6) If the Court cancels a sentence of restitution, the amount of restitution outstanding is deemed to be remitted from the date the order is made or any other date that the Court may specify.

548. Power to impose fine instead of imprisonment or community-based sentence. (1) If an enactment provides that a Court may sentence an offender to imprisonment but does not prescribe a fine, the Court may sentence the offender to pay a fine instead of sentencing the offender to imprisonment. (2) If an enactment provides that a Court may sentence an offender to a community- based sentence but does not prescribe a fine, the Court may sentence the offender to pay a fine instead of imposing a community-based sentence. (3) Subsections (1) and (2) of this Section are subject to any express provision to the contrary in the relevant enactment.

549. Determining amount of fine. (1) In determining the amount of a fine, the Court must take into account, in addition to the provisions of sections 512 to 516 of this Law, the financial capacity of the offender. (2) Subsection (1) of this Section applies whether taking into account the financial capacity of the offender has the effect of increasing or reducing the amount of the fine. (3) If under an enactment an offender is liable to a fine of a specified amount, the offender may be sentenced to pay a fine of any less amount, unless a minimum fine is expressly provided for by that enactment. (4) If under an enactment an offender is liable to a fine of an unspecified amount, the Court shall determine the amount in its discretion, and, in the case of a High Court, any term of imprisonment imposed in default of payment of the fine shall not exceed 2 years. (5) In the case of a Magistrates Court: (a) the amount of the fine shall be at the Court’s discretion but shall not exceed the maximum monetary limits of the Magistrate’s jurisdiction; and (b) a term of imprisonment imposed in default of payment of the fine shall not exceed the maximum fixed in relation to the amount of the fine by the scale specified in the Fourth Schedule of this Law. (6) In no case shall any term of imprisonment imposed in default of payment of a fine exceed the maximum term authorised as a punishment for the offence by the Law creating the offence. (7) Subsection (8) applies if a Court imposes a fine: (a) in addition to a sentence of restitution; or (b) on an offender who is subject to an earlier sentence or order of restitution. (8) In fixing the amount of the fine, the Court: (a) must consider the amount of restitution payable, but (b) must not consider the payment of the Court fees and other legal expenses payable in the case, up to and including conviction. (9) Notwithstanding subsection (8) of this section, any sums paid or recovered under a fine shall be applied as follows: (a) in the first instance, paying the informant or complainant of any Court or other fees paid by him or her, in respect of which the Court orders repayment to the informant or complainant; (b) in the second instance, paying any outstanding Court fee not already paid by the informant or complainant, which may be payable under rules of Court; and (c) the balance, if any, remaining after the above payments have been made shall be paid into general revenue of the State. (10) When considering the financial capacity of the offender under subsection (1) of this Section, the Court must not take into account that the offender is required to pay a levy under section 658 of this Law.

550. Financial capacity of offender. (1) If the Court considers that a fine of less than N30,000.00 (Thirty Thousand Naira) may be an appropriate sentence, it may assume that the offender has the means to pay the fine unless evidence is presented to the contrary. (2) If the Court considers that a fine of N30,000.00 (Thirty Thousand Naira) or more may be an appropriate sentence, but it is uncertain about the offender’s ability to pay the fine, the Court may direct the offender to make a declaration as to his or her financial capacity in accordance with section 551 of this Law. (3) The Court may decline to give a direction under subsection 550(2) of this Section and impose a fine without further inquiry if: (a) the type of information referred to in a declaration is available through other means (including, without limitation, a restitution report under section 541 of this Law); or (b) in all the circumstances the Court considers that a declaration is unnecessary.

551. Declaration as to financial capacity. A declaration as to financial capacity must contain information on all sources of income, assets, liabilities, and outgoings, including, without limitation: (a) salary and wages; (b) benefits and pensions; (c) interest and dividends; (d) income from rental property; (e) ownership of real estate; (f) vehicle ownership; (g) ownership of other property; (h) income and realisable assets that the offender does not currently have but which it is anticipated that the offender will receive during the 12 months following the date of giving the declaration; (i) debts; and (j) essential outgoings of the offender and the offender’s dependants.

552. Offender may be detained for purpose of making declaration. A Court may direct that an offender be detained in the custody of the Court for a period not exceeding 4 hours for the purpose of making a declaration of financial capacity in accordance with section 551 of this Law.

553. Offence of providing false or misleading information. A person is guilty of an offence and is liable on summary conviction to imprisonment for a period not exceeding 3 months or to a fine not exceeding N300,000.00 (Three Hundred Thousand Naira) if the person provides false or misleading information in a declaration of financial capacity provided in accordance with section 551 of this Law.

554. Imprisonment in default of paying fine. Where an offender is sentenced to pay a fine in respect of an offence that is punishable by: (a) a term of imprisonment and a fine; or (b) a term of imprisonment or a fine; and (c) the offender defaults in paying the fine; the Court may order the offender’s imprisonment for a term it specifies, which shall be in addition to any other term of imprisonment in respect of which the offender has been sentenced.

555. General provision on reviewing the quantum of fines. (1) The Chief Judge shall review, from time to time, the quantum of fines, compensation or other sums of money prescribed under this Law. (2) Any review conducted by the Chief Judge under subsection (1) of this section shall become effective upon its publication in the State official Gazette.

556. General power of awarding imprisonment in default of penalty payment. Where under any enactment, the Court: (a) is empowered to impose a penalty for a summary conviction offence; and (b) sentences the offender to pay a fine; and (c) the offender defaults in paying the fine; the Court may, in the absence of express provisions to the contrary in the same or any other enactment, order the convicted person’s imprisonment in accordance with the scale set out in the Fourth Schedule to this Law.

557. Scale of imprisonment for non-payment of money ordered to be paid. Subject to the provisions of the Law on which the order is founded, the imprisonment period for the non-payment of a sum of money as ordered by the Court, shall be such period as, in the Court’s opinion, will satisfy the justice of the case, but shall not exceed the maximum period prescribed in the scale in the Fourth Schedule to this Law.

558. Limitation of imprisonment in default of payment of fine. A term of imprisonment imposed for the non-payment of a fine shall not exceed two years, except where the Law that prescribes the punishment for an offence allows a longer period.

559. Power to commit defendant in certain cases. Where a Court orders a defendant to pay any sum of money and the defendant defaults and is liable to imprisonment, the Court may do any of the following: (a) issue a warrant of commitment; (b) allow the defendant greater time to pay the money; or (c) direct the defendant to give security to the Court’s satisfaction (either with or without one or more sureties) for the payment of the money or any part of it.

560. Varying or discharging order for sureties. Where a Court commits a person to a Custodial Centre under Section 559 of this Law for failing to produce one or more sureties as ordered, the Court may, on an application by or on behalf of the person: (a) inquire into the person’s case, and (b) if new evidence is produced or there is proof that the person’s circumstances have changed, the Court may: (i) reduce the amount binding the surety or sureties, (ii) dispense with the surety or sureties, or (iii) otherwise deal with the case as it thinks just.

561. Allowance of greater time and payment by instalments. (1) A Court with jurisdiction to issue a warrant of commitment concerning the non- payment of a sum it orders may, on an offender’s application: (a) allow the offender greater time to pay; (b) or allow the offender to pay by instalments; or (c) both. (2) Where: (a) the Court grants the offender’s application under subsection (1) of this Section, but (b) the offender defaults in paying the entire sum or an instalment within the allowed time; the same proceedings may be taken as if the offender defaulted in paying the entire sum or the instalments then outstanding. (3) Where, before the expiration of the time allowed for payment, the offender: (a) surrenders to the Court having jurisdiction to issue a warrant of commitment in respect of the non-payment of the sum; and (b) states that they prefer immediate committal than awaiting the expiration of the time allowed; the Court may, if it thinks fit, issue a warrant committing the offender to a Custodial Centre. (4) A warrant of commitment issued under this section may be executed on any day, including a Sunday or a public holiday.

562. Payment of penalty to person executing warrant. Where: (a) an offender defaults in paying a sum ordered by a Court, and (b) the Court issues a warrant of commitment against the offender, and (c) the offender pays or tenders to the person executing the warrant: (i) the outstanding sum mentioned in the warrant, and (ii) any expenses incurred in obtaining and executing the warrant up to the time of payment or tender; the person authorised to execute the warrant shall not execute it.

563. Commencement of imprisonment pursuant to warrant. Where an offender is brought to a Custodial Centre to be imprisoned under a warrant of commitment, there shall be endorsed on the warrant the day on which the offender was arrested under it, and the imprisonment term shall be computed from and inclusive of that day.

564. Right of person imprisoned in default to be released on paying sum and effect of part payment. (1) Where a Court commits an offender to a Custodial Centre for non-payment of an ordered sum: (a) the offender may pay (or cause payment of) the sum mentioned in the warrant of commitment (including any costs, charges and expenses) to the Superintendent in Charge of the Custodial Centre in which the offender is committed; and (b) the Superintendent in Charge of the Custodial Centre shall remit the sums paid to the appropriate Court registrar, who shall issue a treasury receipt acknowledging the said sum; and (c) to the Superintendent in Charge of the Custodial Centre shall release the offender unless the offender is in custody for another matter. (2) Where an offender makes part payment under subsection (1) of this Section of a sum due, the sum shall be applied: (a) firstly, towards the payment in full or in part of any cost or damages or compensation which the Court may have ordered to be paid to the complainant; and (b) secondly, towards the payment of the fine, if any, imposed on the offender. (3) Subject to subsection (2) of this section, where an amount is paid towards a fine: (a) the imprisonment shall be reduced by the number of days of (as near as possible) equal proportion of the amount paid to the total number of days for which the offender is committed; and (b) the Superintendent in Charge of the Custodial Centre in which the offender is confined shall, as soon as practicable thereafter, take the person before a Court which shall: (i) certify the amount by which the term of imprisonment originally awarded is reduced by such payment in part satisfaction, and (ii) make such order(s) as the circumstances require. (4) Where the Superintendent in Charge of the Custodial Centre believes that taking the offender to Court would cause a delay that keeps the offender in detention for a period longer than they would be released by making the part payment, the officer may: (a) release the offender on the day that appears to the officer to be the correct day; and (b) endorse the warrant accordingly; and (c) shall, as soon as practicable thereafter, inform the Court of the action taken, and the Court shall make such order or record as it may consider necessary in the circumstances. (5) In determining: (a) the number of days by which a term of imprisonment should be reduced under this section, the first day of imprisonment shall not be considered, and (b) fractions of a Naira shall be omitted from the sum that will secure the reduction of a term of imprisonment.

565. Fines may be ordered to be recoverable by distress. Where, under the authority of a Law, the Court imposes a fine or a pecuniary penalty, whether or not that fine or penalty is accompanied by a term of imprisonment, and no special provision other than recovery by distress is made for the recovery of the fine or penalty, the Court may: (a) order the fine or penalty to be recoverable by distress; and (b) if the distress does not satisfy the fine or penalty, order the offender’s imprisonment in accordance with the scale set out in the Fourth Schedule to this Law.

566. Warrant of distress. Where a Court orders a sum to be recoverable by distress, it shall issue a warrant in writing and signed by the Court authorising the person charged with the execution of the warrant to: (a) take any money and/or goods of the person against whom distress is levied; and (b) any money taken under paragraph (a) of this Section shall be treated as if it were the proceeds of any sale of goods taken under the warrant.

567. Procedure on the execution of distress warrant. The following provisions apply to the execution of a distress warrant: (a) a warrant of distress shall be executed by or under the direction of the Sheriff; (b) where the person charged with the execution of the warrant is prevented from executing the warrant by the fastening of doors or otherwise, a Magistrate may, by writing under the Magistrate’s hand endorsed on the warrant, authorise the person to use such force as may be necessary to enable him or her to execute the warrant; (c) the clothing and/or bedding of the person and of the person’s family, and the tools and implements of the person’s trade shall not be taken; (d) except as provided in paragraph (e) of this subsection, and where the person on whose movable property the distress is levied consents in writing to an earlier sale, the seized goods shall be sold at public auction: (i) not less than 5 days and not more than 14 days after the distress warrant is issued, but (ii) where consent in writing is given, the sale may be in accordance with the consent; (e) subject to paragraph (d) of this section, the seized goods shall be sold within the time fixed by the warrant, unless the sum or charges, if any, of taking and keeping the goods for which the warrant was issued are paid before the scheduled sale; (f) where a person charged with the execution of a warrant of distress: (i) wilfully retains from the proceeds of any property sold to satisfy the distress, or (ii) otherwise exacts any greater costs or charges than those to which the person is, for the time being, entitled by law or makes any improper charge; the person is liable, on summary conviction before a Magistrate, to a penalty not exceeding N20,000.00 (Twenty Thousand Naira), but nothing in this paragraph shall affect the liability of the person to be prosecuted and punished for extortion, or for the return of the sum of money or value of the item extorted, by the person; (g) a written account of the costs and charges incurred in respect of executing a warrant of distress shall, as soon as practicable, be delivered by the person charged with executing the warrant to the Court, and the offender on whose movable property the distress was levied may: (i) at any time within one month after the making of the distress, inspect the account without payment of any fee or reward, at any time during office hours, and (ii) take a copy of the account (h) a person charged with executing a warrant of distress shall sell the distress or cause the distress to be sold, and may deduct out of the amount realised by the sale all costs and charges actually incurred in effecting the sale, and shall pay to the Court or to a person specified by the Court, the remainder of the amount, so that: (i) the amount may be applied to pay the sum for which the warrant was issued, and of the proper costs and charges of the execution of the warrant, and (ii) the surplus, if any, may be rendered to the person on whose movable property the distress was levied.

568. Part payment to proportionately reduce period of imprisonment. Where only a part of the amount ordered to be recovered by distress is so recovered: (i) the period of imprisonment ordered in default of recovering the full amount imposed shall be reduced to bear the same proportion to the full period as the amount recovered bears to the total amount ordered to be recovered, and (ii) the warrant of commitment under section 559 of this Law shall apply.

569. Community-based sentences. (1) In this Law, community-based sentence means the following: (a) a sentence of community service; (b) a sentence of supervision; or (c) a sentence of intensive supervision. (2) In sentencing an offender to a community-based sentence, a Court may have regard to the potential effect that a particular sentence may have in contributing to the development of an offender’s work and living skills.

570. Arrangement for community-based sentences. (1) To ensure the proper and efficient administration of community-based sentences, the Attorney-General shall: (a) establish a Community Service Centre in each Judicial Division in the State to be headed by a Director in the Ministry of Justice, who shall (without prejudice to the Non-Custodial Unit of the Nigerian Correctional Service) oversee the implementation of non-custodial sentences (including community-based sentences) in that Division; and (b) after consulting with the Commissioner responsible for social development in the State, appoint an appropriate official from the Ministry responsible for social development to serve as a Community Service Officer in each Magisterial District in the State. (2) In implementing any non-custodial sentence imposed by a Court, the Director referred to in subsection (1)(a) of this section shall: (a) collaborate with officials of the Non-Custodial Unit of the Nigerian Correctional Service; and (b) be assisted by the Community Service Officers in any Magisterial District that falls under the Judicial Division and other suitable personnel seconded from the State Civil Service. (3) The functions of the Community Service Centre include: (a) documenting and keeping detailed information about offenders undergoing non-custodial sentences, including the: (i) offender’s name, (ii) offender’s height, photograph, full fingerprint impressions and other biometric information, (iii) offender’s contact telephone number, email (if any) and residential address, (iv) other appropriate means of identifying the offender, (v) details of the sentence and its date, (vi) nature, duration, and location of the community-based sentence; (b) assisting the Court in arriving at appropriate community-based sentence in each case; (c) monitoring the operation of community service in all its aspects; (d) counselling offenders to bring about his or her reformation; (e) recommending to the Court a review of the sentence of offenders undertaking a community-based sentence, who have shown remorse; (f) proposing to the Chief Judge measures for effective operation of community- based sentences; (g) ensuring that Community Service Officers perform their duties legally; and (h) performing such other functions as may be necessary for the smooth administration of community-based sentence.

571. Sentence of supervision. (1) A Court may sentence an offender to supervision if: (a) the offender is convicted of an offence punishable by imprisonment; or (b) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction. (2) The sentence of supervision may be for a period, being not less than 6 months and not more than 1 year, as the Court deems fit. (3) This section is subject to sections 572 and 574 of this Law.

572. Guidance on use of sentence of supervision. (1) Supervision provides an offender with rehabilitation opportunities to address the causes of his or her offending act(s) and motivate them to seek positive change. (2) For the purpose of subsection (1) of this Section: (a) the sentence of supervision targets offenders convicted of less serious offences (simple offences and misdemeanours), with relatively straightforward rehabilitation needs and a lower risk of re-offending; and (b) Community Service Officers will work with the offender to ensure that they attend appropriate rehabilitation programmes to address the causes of his or her offending act(s). (3) A Court may impose a sentence of supervision only if the Court is satisfied that: (a) a sentence of supervision would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender; and (b) there are adequate facilities and personnel to administer the sentence.

573. Supervision order. (1) Where the Court sentences a person to supervision, it shall issue a Supervision Order. (2) The Supervision Order shall contain such requirements as the Court may consider necessary for the offender’s effective supervision and rehabilitation. (3) Where the Court makes a Supervision Order under subsection (1) of this Section: (a) the registrar of the Court that makes the Order shall forward a copy to the Director in charge of the applicable Community Service Centre; and (b) the Director shall: (i) assign the Community Service Officer closest to where the offender resides to implement the sentence, and (ii) notify the Court and the offender of the Community Service Officer’s assignment and place of work, and (iii) direct the offender to report in person to the Community Service Officer; and (c) the offender shall be required to produce a guarantor, who shall undertake to produce the offender if the offender absconds from the supervision programme. (4) The guarantor referred to in subsection (3)(c) of this Section shall be a relation of the offender or any other responsible person of adequate means or substance who shall produce the offender when required by the Court. (5) The following provisions apply in implementing a Supervision Order: (i) subject to sections 576 and 579 of this Law, the Community Service Officer and the offender shall enter a written agreement specifying the nature and number of hours of rehabilitation that the offender will undertake on a daily or weekly basis, (ii) the Community Service Officer shall file the written agreement in the Court’s registry, and submit a copy to the Director in charge of the applicable Community Service Centre, (iii) where the offender refuses or otherwise fails to enter the written agreement, or breaches any term of the agreement on three occasions without lawful justification or reasonable excuse, the Court shall, on the Community Service Officer’s application, issue a bench warrant for the offender’s arrest, (iv) the Court may permit the continuation of the Supervision Order if the offender establishes, to the Court’s satisfaction, a lawful justification or reasonable excuse for breaching the written agreement, (v) where the offender does establish lawful justification or reasonable excuse for breaching the written agreement, the Court shall impose a custodial sentence or fine, after considering the punishment prescribed for the offence with which the offender was convicted, and the number of hours of a programme the offender has already undertaken.

574. Sentences of supervision in respect of two or more offences must be served concurrently. If a Court imposes a sentence of supervision in respect of each of two or more offences (whether on the same occasion or on different occasions), the sentences must be served concurrently.

575. Conditions of sentence of supervision. An offender who is sentenced to supervision is subject to (a) the standard conditions in section 526 of this Law; and (b) any special conditions imposed by the Court under section 577 or section 579 of this Law or both.

576. Standard conditions of supervision. (1) If an offender is sentenced to supervision, the following standard conditions apply: (a) the offender must report in person to a Community Service Officer in or closest to the Magisterial District in which the offender resides as soon as practicable and not later than 72 hours after the sentence is imposed; (b) the offender must report to a Community Service Officer as and when the Officer requires, and must notify the Officer of his or her residential address and the nature and place of his or her employment when asked to do so; (c) the offender must not move to a new residential address in another Magisterial District without the prior written consent of a Community Service Officer; (d) if consent is given under paragraph (c) of this Section, the offender must report in person to a Community Service Officer in or closest to the new Magisterial District in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender’s arrival in the new area; (e) if an offender intends to change his or her residential address within the same Magisterial District, the offender must give a Community Service Officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the Community Service Officer of the new address; (f) the offender must not reside at any address at which a Community Service Officer has directed the offender not to reside; (g) the offender must, if a Community Service Officer directs, allow the collection of biometric information; (h) the offender must not engage, or continue to engage, in any employment or occupation in which a Community Service Officer has directed the offender not to engage or continue to engage; (i) the offender must not associate with any specified person, or with persons of any specified class, with whom a Community Service Officer has, in writing, directed the offender not to associate; and (j) the offender must take part in a rehabilitation needs assessment if and when directed to do so by a Community Service Officer. (2) The conditions in subsection (1)(c) to (f) of this Section do not apply to the extent that they are inconsistent with any special conditions imposed by the Court.

577. Special conditions related to programme. A Court may impose any special condition or conditions related to a programme if the Court is satisfied that: (a) there is a significant risk of further offending by the offender; (b) standard conditions alone would not adequately reduce that risk; and (c) the offender requires a programme to reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

578. Programmes. For the purposes of sections 577 and 684(6)(b) of this Law, programme means any of the following that is not residential in nature: (a) any psychiatric or other counselling or assessment; (b) attendance at any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitation, or reintegration programme; (c) placement in the care of any appropriate person, persons, or agency, approved by the Controller of Corrections, such as, without limitation: (i) an ethnic or cultural group, (ii) a non-governmental organisation or civil society organisation, (iii) a religious group, such as a church or religious order, and (iv) members or particular members of any of the above.

579. - (1) A Court may impose any of the special conditions described in subsection (2) of this Section if the Court is satisfied that: (a) there is a significant risk of further offending by the offender; (b) standard conditions alone would not adequately reduce that risk; and (c) the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender. (2) The conditions referred to in section 579(1) of this Section are: (a) any conditions that the Court thinks fit relating to the offender’s place of residence (which may include a condition that the offender does not move residence), finances, or earnings; (b) conditions requiring the offender to take prescription medication; (c) conditions requiring the offender to undertake training in basic work and living skills; (d) conditions prohibiting the offender from doing one or more of the following: (i) using a narcotic drug, (ii) using a psychotropic substance, (iii) consuming alcohol, and (e) any other conditions that the Court deems fit to reduce the likelihood of further offending by the offender. (3) No Court may impose a condition under this section that the offender pay any fine, restitution, or other sum ordered to be paid on conviction, or that the offender perform any service that they could have been required to perform if they had been sentenced to community service. (4) No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender: (a) has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and (b) consents to taking the prescription medication. (5) An offender does not breach his or her conditions for the purposes of section 617 of this Law if he or she withdraws consent to taking prescription medication; but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of supervision under section 581 of this Law.

580. Offender to be under supervision of Community Service Officer. An offender who is subject to a sentence of supervision must be under the supervision of a Community Service Officer in or closest to the Magisterial District in which the offender resides for the time being, or of any other Community Service Officer that the Director in charge of a Community Service Centre may direct.

581. Variation or cancellation of sentence of supervision. (1) An offender who is subject to a sentence of supervision, a Community Service Officer, or a Director in charge of a Community Service Centre may apply for an order under subsection (3) of this section on the grounds that: (a) the offender is unable to comply, or has failed to comply, with any of the conditions of the sentence; (b) any programme to which the offender is subject is no longer available or suitable for the offender; (c) having regard to any change in circumstances since the sentence was imposed and to the way the offender has responded to the sentence: (i) the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of special conditions, or the imposition of additional special conditions, or (ii) the continuation of the sentence is no longer necessary in the interests of the community or the offender. (2) A Community Service Officer or a Director in charge of a Community Service Centre may apply for an order under subsection (3) of this section if an offender who is subject to a sentence of supervision is convicted of an offence punishable by imprisonment. (3) On an application under subsection (1) or subsection (2) of this Section, the Court may, if it is satisfied that the grounds on which the application is based have been established: (a) remit, suspend, or vary any special conditions imposed by the Court, or impose additional special conditions; (b) cancel the sentence; (c) cancel the sentence and substitute any other sentence (including another sentence of supervision) that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed. (4) The Court must not vary any existing condition or impose any new condition of a kind referred to in section 579(2)(b) of this Law without the consent of the offender. (5) When determining a substitute sentence under subsection (3)(c) of this Section, the Court must consider the portion of the original sentence that remains unserved at the time of the order. (6) If the Court cancels a sentence under this section, the sentence expires on the date that the order is made, or on any other date that the Court may specify. (7) If an application is made under this section for the remission, suspension, or variation of any condition imposed by the Court, a Community Service Officer may suspend the condition until the application has been heard and disposed of.

582. When time ceases to run on sentence of supervision. For the purpose of calculating how much time an offender has served on a sentence of supervision: (a) time ceases to run on the sentence during any period between the date on which an application under section 581(1)(a) of this Law is lodged and the date on which the application is determined by the Court; but (b) some of or all the period between those dates may be regarded by the Court as time served, as the Court thinks appropriate in the circumstances, after considering: (i) the extent (if any) to which the offender has complied with any conditions of the sentence, and (ii) the amount of time (if any) that the offender has spent in custody.

583. Sentence of intensive supervision. (1) A Court may sentence an offender to intensive supervision if: (a) the offender is convicted of an offence punishable by imprisonment; or (b) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction. (2) The sentence of intensive supervision may be for a period, being not less than 6 months and not more than 2 years, as the Court deems fit.

584. Guidance on use of sentence of intensive supervision. (1) Intensive supervision uses more intensive programmes and interventions to target offenders who: (i) are assessed as being of medium to high risk of re-offending, (ii) are convicted of more serious offences (felonies), (iii) have complex and/or severe rehabilitative needs. (2) A Court may impose a sentence of intensive supervision only if it is satisfied that: (a) a sentence of intensive supervision would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender; and (b) the nature of the offender's rehabilitative or other needs requires the imposition of conditions: (i) for a period longer than 12 months, or (ii) that are not available through the sentence of supervision; and (c) there are adequate facilities and personnel to administer the sentence.

585. - (1) Where the Court sentences a person to intensive supervision, it shall issue an Intensive Supervision Order. (2) The Supervision Order shall contain such requirements as the Court may consider necessary for the offender’s effective supervision and rehabilitation. (3) Where the Court makes an Intensive Supervision Order under subsection (1) of this Section: (a) the registrar of the Court that makes the Order shall forward a copy to the Director in charge of the applicable Community Service Centre; and (b) the Director shall: (i) assign the Community Service Officer closest to where the offender resides to implement the sentence, and (ii) notify the Court and the offender of the Community Service Officer’s assignment and place of work, and (iii) direct the offender to report in person to the Community Service Officer; and (c) the offender shall be required to produce a guarantor, who shall undertake to produce the offender if the offender absconds from the supervision programme. (4) The guarantor referred to in subsection (3)(c) of this Section shall be a relation of the offender or any other responsible person of adequate means or substance who shall produce the offender when required by the Court. (5) The following provisions apply in implementing an Intensive Supervision Order: (i) subject to sections 588, 589, and 591 of this Law, the Community Service Officer and the offender shall enter a written agreement specifying the nature and number of hours of rehabilitation that the offender will undertake on a daily or weekly basis; (ii) the Community Service Officer shall file the written agreement in the Court’s registry, and submit a copy to the Director in charge of the applicable Community Service Centre; (iii) where the offender refuses or otherwise fails to enter the written agreement, or breaches any term of the agreement on three occasions without lawful justification or reasonable excuse, the Court shall, on the Community Service Officer’s application, issue a bench warrant for the offender’s arrest; (iv) the Court may permit the continuation of the Supervision Order if the offender establishes, to the Court’s satisfaction, a lawful justification or reasonable excuse for breaching the written agreement; (v) where the offender does establish lawful justification or reasonable excuse for breaching the written agreement, the Court shall impose a custodial sentence or fine, after considering the punishment prescribed for the offence with which the offender was convicted, and the number of hours of a programme the offender has already undertaken.

586. Sentences of intensive supervision in respect of two or more offences must be served concurrently. If a Court imposes a sentence of intensive supervision in respect of each of two or more offences (whether on the same occasion or on different occasions), the sentences must be served concurrently.

587. Conditions of sentence of intensive supervision. An offender who is sentenced to intensive supervision is subject to: (a) the standard conditions in section 588 of this Law; and (b) any special conditions imposed by the Court under section 589 or 591 of this Law.

588. Standard conditions of intensive supervision. (1) If an offender is sentenced to intensive supervision, the following standard conditions apply: (a) the offender must report in person to a Community Service Officer in or closest to the Magisterial District in which the offender resides as soon as practicable and not later than 72 hours after the sentence is imposed; (b) the offender must report to a Community Service Officer: (i) at least once in each week during the first 3 months of the sentence and at least once in each month during the remainder of the sentence, and (ii) as and when required to do so by a Community Service Officer; (c) the offender must notify a Community Service Officer of his or her residential address and the nature and place of his or her employment when asked to do so; (d) the offender must not move to a new residential address in another Magisterial District without the prior written consent of a Community Service Officer; (e) if consent is given under paragraph (d) of this Section, the offender must report in person to a Community Service Officer in or closest to the new Magisterial District in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender’s arrival in the new area; (f) if an offender intends to change his or her residential address within the same Magisterial District, the offender must give a Community Service Officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the Community Service Officer of the new address; (g) the offender must not reside at any address at which a Community Service Officer has directed the offender not to reside; (h) the offender must not leave or attempt to leave the State without the prior written consent of a Community Service Officer; (i) the offender must, if a Community Service Officer directs, allow the collection of biometric information; (j) the offender must not engage, or continue to engage, in any employment or occupation in which a Community Service Officer has directed the offender not to engage or continue to engage; (k) the offender must not associate with any specified person, or with persons of any specified class, with whom a Community Service Officer has, in writing, directed the offender not to associate; and (l) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a Community Service Officer. (2) The conditions in subsection (1)(d) to (g) of this Section do not apply if, and to the extent that, they are inconsistent with any special condition imposed by the Court.

589. Special conditions related to programmes. A Court may impose any special condition or conditions related to a programme if the Court is satisfied that: (a) there is a significant risk of further offending by the offender; (b) standard conditions alone would not adequately reduce that risk; and (c) the offender requires a programme to reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

590. Programmes. For the purposes of section 589 of this Law, programme means any of the following (whether residential or non-residential in nature): (a) any psychiatric or other counselling or assessment; (b) attendance at any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitative, or reintegrative programme; (c) placement in the care of any appropriate person, persons, or agency, approved by the Controller of Corrections, such as, without limitation: (i) an ethnic or cultural group, (ii) a non-governmental organisation or civil society organisation, (iii) a religious group, such as a church or religious order, and (iv) members or particular members of any of the above.

591. Other special conditions. (1) A Court may impose any of the special conditions described in subsection (3) of this Section if the Court is satisfied that: (a) there is a significant risk of further offending by the offender; (b) standard conditions alone would not adequately reduce that risk; and (c) the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender. (2) A Court may only impose a condition of the kind described in subsection (3)(e) of this Section (which relates to judicial monitoring) if it is also satisfied that, because of the special circumstances of the offender, this is necessary to assist the offender’s compliance with the sentence. (3) The conditions referred to in subsections (1) and (2) of this Section comprise: (a) any conditions that the Court thinks fit relating to the offender’s place of residence (which may include a condition that the offender does not move residence), finances, or earnings; (b) conditions requiring the offender to take prescription medication; (c) conditions prohibiting the offender from doing one or more of the following: (i) using a narcotic drug, (ii) using a psychotropic substance, (iii) consuming alcohol; (d) conditions requiring the offender to undertake training in basic work and living skills; (e) a condition requiring the offender to comply with the requirements of judicial monitoring under Subpart 4 of this Part as directed by a Community Service Officer or the sentencing judicial officer; (f) any other conditions that the Court thinks fit to reduce the likelihood of further offending by the offender; and (g) a condition that the offender must, when required to do so by a Community Service Officer, submit to the electronic monitoring in compliance with any conditions of his or her sentence imposed under paragraph (f) of this subsection that prohibit the offender from entering or remaining in specified places or areas at specified times or at all times. (4) No Court may impose a condition under this section that: (a) the offender pays any fine, restitution, or other sum ordered to be paid on conviction; or (b) the offender performs any service that they could have been required to perform if they had been sentenced to community service. (5) No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender: (a) has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and (b) consents to taking the prescription medication. (6) An offender does not breach his or her conditions for the purposes of section 618 of this Law if they withdraw consent to taking prescription medication, but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of intensive supervision under section 594 of this Law.

592. Electronic monitoring. (1) This section applies to electronic monitoring imposed as a condition under sections 591(3)(g) and 648(6)(g) of this Law. (2) The purposes of an electronic monitoring condition are: (a) to deter the offender from breaching a location condition (as defined in subsection (6) of this Section; and (b) to monitor compliance with a location condition. (3) Information about an offender that is obtained through an electronic monitoring condition may be used both for the purposes referred to in subsection (2) of this Section and for the following purposes: (a) to verify compliance with a location condition; (b) to detect non-compliance with a location condition and the commission of offences; (c) to provide evidence of non-compliance with a location condition and the commission of offences; and (d) to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately. (4) An offender who is subject to an electronic monitoring condition: (a) may be required to have electronic monitoring equipment attached to his or her body; and (b) must comply with written instructions from a Community Service Officer that are reasonably necessary for the effective administration of the electronic monitoring (for example, an instruction to regularly charge the equipment); and (c) fails to comply with the electronic monitoring condition if the offender does not comply with those written instructions. (5) The Controller of Corrections must submit an annual report to the Committee including the following information about the use of electronic monitoring in the year reported on: (a) the number of offenders who were at any time subject to an electronic monitoring condition; (b) the average number of offenders who were subject to an electronic monitoring condition and the average duration of the condition; (c) the percentage of offenders who, while subject to an electronic condition, were: (i) convicted for failing to comply with the condition, or (ii) convicted of any other offence; and (d) a description of the processes and systems that relate to electronic monitoring and that were in place during the year reported on. (6) In this section, location condition means a condition imposed under section 591(3)(f) of this Law that prohibits an offender from entering or remaining in specified places or areas at specified times or at all times.

593. Offender to be under supervision of community service officer. An offender who is subject to a sentence of intensive supervision is under the supervision of a Community Service Officer in or closest to the Magisterial District in which the offender resides for the time being, or of any other Community Service Officer that the Director in charge of a Community Service Centre may direct.

594. Variation or cancellation of sentence of intensive supervision. (1) An offender who is subject to a sentence of intensive supervision, a Community Service Officer, or a Director in charge of a Community Service Centre may apply for an order under subsection (3) of this section on the grounds that: (a) the offender is unable to comply, or has failed to comply, with any of the conditions of the sentence; (b) any programme to which the offender is subject is no longer available or suitable for the offender; (c) having regard to any change in circumstances since the sentence was imposed and to the way the offender has responded to the sentence: (i) the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of any special conditions, or the imposition of additional special conditions, or (ii) the continuation of the sentence is no longer necessary in the interests of the community or the offender. (2) A Community Service Officer or a Director in charge of a Community Service Centre may apply for an order under subsection (3) of this section if an offender who is subject to a sentence of intensive supervision is convicted of an offence punishable by imprisonment. (3) On an application under subsection (1) or (2) of this Section, the Court may, if it is satisfied that the grounds on which the application is based have been established: (a) remit, suspend, or vary any special conditions imposed by the Court, or impose additional special conditions; (b) cancel the sentence; or (c) cancel the sentence and substitute any other sentence (including another sentence of intensive supervision) that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed. (4) If the Court varies a special condition or imposes an additional special condition under subsection (3)(a) of this Section, section 591 of this Law applies. (5) When determining a substitute sentence under subsection (3)(c) of this Section, the Court must consider the portion of the original sentence that remains unserved at the time of the order. (6) If the Court cancels a sentence, the sentence expires on the date that the order is made or on any other date that the Court may specify. (7) If an application is made under this section for the remission, suspension, or variation of any special condition imposed by the Court, a Community Service Officer may suspend the special condition until the application has been heard and disposed of.

595. When time ceases to run on sentence of intensive supervision. For the purpose of calculating how much time the offender has served on a sentence of intensive supervision: (a) time ceases to run on the sentence during any period between the date on which an application under section 594(1)(a) of this Law is lodged and the date on which the application is determined by the Court; but (b) some or all of the period between those dates may be regarded by the Court as time served, as the Court thinks appropriate in the circumstances, after taking into account: (i) the extent (if any) to which the offender has complied with any conditions of the sentence, and (ii) the amount of time (if any) that the offender has spent in custody.

596. Sentence of community service. (1) A Court may sentence an offender to community service: (a) if the offender is convicted of an offence punishable by imprisonment; or (b) if the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction. (2) The sentence may be for the number of hours, being not less than 40 or more than 400, as the Court deems fit. (3) This section is subject to sections 597 and 598 of this Law.

597. Guidance on use of sentence of community service. (1) In considering whether to impose a sentence of community service, the Court must give particular consideration to: (a) whether the nature and circumstances of the offence make it appropriate for the offender to be held accountable to the community by making compensation to it in the form of work, in addition to, or instead of, making restitution to any person in respect of the offending act; (b) whether the sentence is appropriate having regard to the offender’s character and personal history, and to any other relevant circumstances; and (c) whether there are adequate facilities and personnel to administer the sentence. (2) A sentence of community service is inappropriate if the Court is satisfied that: (a) the offender has alcohol, drug, psychiatric, or intellectual problems that indicate that it is unlikely that the offender would complete a sentence of community service; or (b) for any other reason it is unlikely that the offender would complete a sentence of community service. (3) The Court may assume that suitable work is available for the offender to perform under the sentence unless the Court is advised otherwise by a Community Service Officer.

598. Concurrent and cumulative sentences of community service. (1) If a Court imposes a sentence of community service on an offender who is already subject to another sentence of community service, the sentences must be served concurrently unless the Court directs that they are to be served cumulatively. (2) If a Court imposes a sentence of community service in respect of each of two or more offences, the sentences must be served concurrently unless the Court directs that they are to be served cumulatively. (3) If a Court directs that sentences of community service be served cumulatively or concurrently (whether or not the sentences are imposed at the same time), the total term of the sentences must not be more than 400 hours. (4) A sentence of community service must be served concurrently with any sentence of supervision or intensive supervision, whether or not the sentences are imposed at the same time.

599. Court may defer commencement date of sentence of community service. If a Court imposes both a sentence of community service and a sentence of intensive supervision, the Court may defer the commencement of the sentence of community service for a specified period if, in its opinion, deferral is necessary to enable the offender to comply with any conditions imposed under section 588, 589 or 591 of this Law.

600. Length of sentence of community service. (1) If the Court imposes a sentence of community service of 100 hours or less, that sentence must be served within 6 months of the date that it commences under section 622 or 623 of this Law. (2) If the Court imposes a sentence of community service of more than 100 hours, the offender must serve at least 100 hours in every 6-month period from the date on which the sentence commences until the number of hours imposed under the sentence has been served. (3) Any work done by an offender under a sentence of community service must be treated as having been done under that sentence and under any and each other concurrent sentence of community service that the offender was subject to at the time that the work was done.

601. Community Service Order. (1) Where the Court sentences a person to community service, it shall issue a Community Service Order. (2) The Community Service Order shall contain such requirements as the Court may consider necessary for the offender’s effective supervision and rehabilitation. (3) Where the Court makes a Community Service Order under subsection (1) of this Section: (a) the registrar of the Court that makes the Order shall forward a copy to the Director in charge of the applicable Community Service Centre; and (b) the Director shall: (i) assign the Community Service Officer closest to where the offender resides to implement the sentence, (ii) notify the Court and the offender of the Community Service Officer’s assignment and place of work, and (iii) direct the offender to report in person to the Community Service Officer; and (c) the offender shall be required to produce a guarantor, who shall undertake to produce the offender if the offender absconds from community service. (4) The guarantor shall be a relation of the offender or any other responsible person of adequate means or substance who shall produce the offender when required by the Court. (5) The following provisions apply in implementing a Community Service Order: (a) the Community Service Officer and the offender shall enter a written agreement specifying the number of hours of community service that the offender will undertake on a daily or weekly basis, to ensure compliance with section 600 of this Law; (b) the Community Service Officer shall file the written agreement in the Court’s registry, and submit a copy to the Director in charge of the applicable Community Service Centre; (c) where the offender refuses or otherwise fails to enter the written agreement, or breaches any term of the agreement on three occasions without lawful justification or reasonable excuse, the Court shall, on the Community Service Officer’s application, issue a bench warrant for the offender’s arrest; (d) the Court may permit the continuation of the Community Service Order if the offender establishes, to the Court’s satisfaction, a lawful justification or reasonable excuse for breaching the written agreement; and (e) where the offender does establish lawful justification or reasonable excuse for breaching the written agreement, the Court shall impose a custodial sentence or fine, after considering the punishment prescribed for the offence with which the offender was convicted, and the length of community service already served.

602. Offender must report to Community Service Officer. An offender who is subject to a sentence of community service must report in person to a Community Service Officer notified under section 601(3)(b) of this Law: (a) as soon as practicable, and not later than 72 hours, after the notification under section 601(3)(b) of this Law; and (b) as directed at any other time during the sentence for the purpose of monitoring the sentence.

603. Offender must allow collection of biometric information. An offender who is subject to a sentence of community service must, if a Community Service Officer directs, allow the collection of biometric information.

604. Offender must notify community Service officer if offender changes residential address. If an offender who is subject to a sentence of community service moves to a new residential address, the offender must, within 72 hours, notify a Community Service Officer of the offender’s new residential address.

605. Community Service Officer must determine placement of offender for community service. As soon as practicable after a sentence of community service is imposed, and at any other time during the sentence if the Community Service Officer thinks fit, a Community Service Officer must determine in accordance with sections 606 and 607 of this Law whether the community service will be done: (a) on placement at a Community Service Centre; (b) on placement with another agency or organisation that undertakes public or community services; or (c) on placement at an agency or organisation that undertakes public or community services, for a certain number of the hours of work and on placement with another agency or organisation for a certain number of the hours of work, as specified by the Community Service Officer.

606. Guidance to community Service Officer in determining placement of offender for community service. For the purposes of section 605 of this Law, the Community Service Officer must consider all of the following: (a) the circumstances of the offence; (b) how the offender could benefit from learning work habits or skills through the sentence; (c) the offender’s character and personal history; (d) the offender’s physical and mental capabilities; (e) the outcome of any restorative justice processes that have occurred in the case; (f) whether there is a suitable agency or organisation within a reasonable distance of the offender’s place of residence; (g) whether there is a suitable agency or organisation within a reasonable distance of the offender’s place of residence that has sufficient suitable work available for the offender; and (h) any other relevant circumstances.

607. Authorised work for person sentenced to a community service. (1) The type of work that an offender may be required to perform for the purposes of a sentence of community service is work: (a) involving or connected with environmental sanitation services; (b) at or for any hospital or church or at or for any charitable, educational, cultural, or recreational institution or organisation; (c) at or for any other institution or organisation for old, infirm, or disabled persons; (d) on any land of which the State or any public body is the owner or lessee or occupier, or any land that is administered by the State or any public body; or (e) at or for any Local Government Council. (2) No offender may be directed for the purposes of a sentence of community service to do any work if, in doing so, the offender would take the place of any person who would otherwise be employed in doing that work in the ordinary course of that person’s paid employment.

608. When community service must be done. (1) If community service is to be done on placement with an agency or organisation other than a State-owned agency, the days on which and the times at which the offender does the work must be fixed by agreement between a Community Service Officer and the agency and notified in writing to the offender and the Director in charge of a Community Service Centre. (2) If the community service is to be done on placement at a State-owned agency, the days on which and the times at which the offender performs the work must be determined by a Community Service Officer after consulting with the agency and notified in writing to the offender and the Director in charge of a Community Service Centre. (3) It is not necessary for all the periods of work to be of the same duration, but no period may be longer than 8 hours and no offender may be required to do more than 40 hours of community service per week. (4) The times at which the offender is required to report, and the periods during which the offender is required to do community service, must be such as to avoid interference, so far as practicable, with the offender’s attendance at any place of education or employment, or with his or her religious observances.

609. Supervision of offender while doing community service. An offender who is directed to do community service is subject to the control, direction, and supervision of a Community Service Officer.

610. Offender excused from reporting in certain circumstances. (1) An offender who is subject to a sentence of community service may be excused from reporting during any period when the place at which the offender is required to report is closed. (2) In special circumstances, a Community Service Officer may excuse an offender from reporting on any day or during any period. (3) Without limiting subsection (2) of this Section, if an offender is unable to report on any day or during any period because of illness or injury, a Community Service Officer must, on being satisfied (whether before or after the failure to report) with the circumstances of the case, excuse the offender from the requirement to report on that day or during that period. (4) For the purpose of determining whether or not to excuse an offender under subsection (3) of this Section, the Community Service Officer may require that the offender obtain a certificate from a registered medical practitioner at a State-run hospital as to whether the offender is, will be, or was unfit to report on the day or during the period. (5) A certificate obtained in accordance with subsection (4) of this Section is not conclusive as to whether the offender is, will be, or was unfit to report. (6) To avoid doubt, if an offender is excused under this section from reporting, that does not have the effect of remitting any of the hours of community service required to be done under the sentence.

611. Community Service Officer may direct hours of work to be converted to training. (1) This section applies to sentences of community service of at least 80 hours. (2) A Community Service Officer may direct that a specified number of hours of work, not exceeding 20% of the total number of hours of work ordered by the Court to be undertaken, be spent in training in basic work and living skills. (3) In determining whether to give a direction under this section, the Community Service Officer must take account of: (a) the benefits of skill development to the offender for reducing the likelihood of reoffending; and (b) the need to hold the offender accountable to the community by making compensation to it. (4) A Community Service Officer must not give a direction under this section unless: (a) it is reasonably practicable for the offender to undertake training in basic work and living skills (having regard to the availability of that training in the place where the offender lives); and (b) the offender consents to undertake that training. (5) Any hours spent by the offender training in basic work and living skills under a direction given under this section must, for all legal purposes, be treated as hours of authorised community service undertaken by the offender under his or her sentence. (6) Subsection (5) of this Section is subject to section 612 of this Law.

612. Consequences of failing without excuse to complete training. If an offender fails, without reasonable excuse, to complete the number of hours training in basic work and living skills directed under section 611 of this Law: (a) any hours spent by the offender undertaking that training are not to be treated as hours of authorised community service undertaken by the offender under his or her sentence; (b) the offender must, in addition to the period spent in training, but subject to section 614 of this Law, undertake community service for the total number of hours ordered under the sentence.

613. When hours of community service are not counted. (1) If an offender fails to carry out any work under a sentence of community service to the satisfaction of the Community Service Officer, the Community Service Officer may, subject to subsection (2) of this Section, refuse to treat that work as work undertaken under the sentence. (2) Unless a Court directs otherwise, the number of hours that the Community Service Officer may refuse to treat as work undertaken under the sentence must not exceed 10% of the total number of hours under the sentence.

614. Remission of sentence of community service. If a Community Service Officer is satisfied that the offender has a good record of compliance with a sentence of community service, the Community Service Officer may remit up to 10% from the number of hours of community service imposed by the Court.

615. Variation or cancellation of sentence of community service. (1) An offender who is subject to a sentence of community service, a Community Service Officer, or a Director in charge of a Community Service Centre may apply for an order under subsection (3) of this section on the grounds that: (a) there has been a change of circumstances since the sentence was imposed that would justify the variation or cancellation of the sentence; or (b) having regard to any change in circumstances since the sentence was imposed and to the way the offender has responded to the sentence, the continuation of the sentence is no longer necessary in the interests of the community or the offender. (2) A Community Service Officer or a Director in charge of a Community Service Centre may apply for an order under subsection (3) of this section: (a) if an offender who is subject to a sentence of community service is convicted of an offence punishable by imprisonment; or (b) on the grounds that the offender has behaved in a manner described in any of paragraphs (a) to (j) of section 620(1) of this Law. (3) On an application under subsection (1) or subsection (2) of this Section, the Court may, if it is satisfied that the grounds on which the application is based have been established: (a) vary the sentence by reducing the number of hours of work to be done; (b) cancel the sentence; or (c) cancel the sentence and substitute any other sentence (including another sentence of community service) that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed. (4) When determining a substitute sentence under subsection (3)(c) of this Section, the Court must consider the portion of the original sentence that remains unserved at the time of the order. (5) If the Court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the Court may specify.

616. Extension of period within which community service must be done. (1) An offender who is subject to a sentence of community service, or a Community Service Officer, may apply for an extension of the period within which the work must be done on the grounds that: (a) because of incapacity or any humanitarian or other reasons, it will be impossible for the offender to do the work during a certain period; or (b) it would be unreasonable to require the offender to do the work during that period. (2) On an application under subsection (1) of this Section, the Court may, if it is satisfied that the grounds in subsection (1) of this Section have been established, extend the period within which the work must be done by the amount as the Court deems fit.

617. Offences related to breach of conditions of supervision. An offender commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding N300,000.00 (Three Hundred Thousand Naira), if the offender: (a) fails, without reasonable excuse, to comply with any condition of a sentence of supervision; or (b) fails, without reasonable excuse, to report when required to do so under section 624 or section 626 of this Law.

618. Offences related to sentences of supervision with drug or alcohol conditions. An offender who is subject to a sentence of supervision with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding N300,000.00 (Three Hundred Thousand Naira), if the offender: (a) refuses or fails, without reasonable excuse: (i) to undergo a testing procedure when required to do so under sections 633(2) and 635 of this Law; (ii) to accompany an authorised person, when required to do so under section 635(4) of this Law, to a place where it is likely that it will be reasonably practicable for the offender to undergo testing; (iii) to report, at any time or times when required to do so under section 635(5) of this Law, to a specified testing facility to undergo testing; or (b) does anything with the intention of diluting or contaminating a bodily sample required under section 633(2) of this Law for the purposes of a prescribed testing procedure.

619. Offences to breach conditions of intensive supervision. An offender commits an offence, and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding N500,000.00 (Five Hundred Thousand Naira), if the offender: (a) fails, without reasonable excuse, to comply with any condition of a sentence of intensive supervision; or (b) fails, without reasonable excuse, to report when required to do so under section 624 or section 626 of this Law.

620. Offences related to sentences of intensive supervision with drug or alcohol conditions. An offender who is subject to a sentence of intensive supervision with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding N500,000.00 (Five Hundred Thousand Naira), if the offender: (a) refuses or fails, without reasonable excuse: (i) to undergo a testing procedure when required to do so under sections 633(2) and 635 of this Law, (ii) to accompany an authorised person, when required to do so under section 635(4) of this Law, to a place where it is likely that it will be reasonably practicable for the offender to undergo testing, or (iii) to report, at any time or times when required to do so under section 635(5) of this Law, to a specified testing facility to undergo testing; or (b) does anything with the intention of diluting or contaminating a bodily sample required under section 633(2) of this Law for the purposes of a prescribed testing procedure.

621. Offences relating to breach of sentence of community service. (1) An offender commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding N300,000.00 (Three Hundred Thousand Naira), if the offender: (a) fails, without reasonable excuse, to report to a Community Service Officer in accordance with section 602 or section 624 or section 626 of this Law; (b) fails, without reasonable excuse, to allow the collection of biometric information in accordance with section 603 of this Law; (c) fails, without reasonable excuse, to notify a Community Service Officer of any new residential address in accordance with section 604 of this Law; (d) fails, without reasonable excuse, to: (i) do any work satisfactorily in accordance with the sentence, or (ii) comply with the terms of any agreement entered into for the purposes of section 608 of this Law; (e) fails, without reasonable excuse, to complete the required number of hours of work within the period prescribed under section 600 of this Law or within any extended period granted under section 616 of this Law; (f) accepts remuneration, whether by way of gift or otherwise, for any work that the offender is required to do for the purposes of the sentence; (g) fails, without reasonable excuse, to report or to remain at any place as required by or under this subpart; (h) fails, without reasonable excuse, to obey any rules governing a community service centre; (i) fails, without reasonable excuse, to obey any directions lawfully given regarding the manner in which his or her time must be spent while under the supervision of a Community Service Officer under section 609 of this Law; (j) refuses to work, or fails to work in the manner reasonably required of the offender, or neglects or intentionally mismanages his or her work, while under the supervision of a Community Service Officer under section 609 of this Law; or (k) behaves in an offensive, threatening, insolent, insulting, disorderly, or indecent manner while under the supervision of a Community Service Officer under section 609 of this Law. (2) A person commits an offence and is liable on conviction to a fine not exceeding N150,000.00 (One Hundred and Fifty Thousand Naira), if the person, without lawful justification or excuse, loiters about any place where persons sentenced to community service are placed, and refuses or neglects to depart after being warned by a police officer or by a Community Service Officer. (3) An offender’s guarantor that fails to produce the offender when required by the Court commits an offence and shall be liable on conviction to a fine of N100,000.00 (One Hundred Thousand Naira) or more as the circumstances of each case may require. (4) A Community Service Officer that employs or otherwise uses an offender for his or her personal benefit commits an offence and shall be liable on conviction to a fine of N100,000.00 (One Hundred Thousand Naira) or more as the circumstances of each case may require.

622. Commencement of community-based sentences. A community-based sentence commences on the day on which it is imposed.

623. Commencement of cumulative sentences of community servce. (1) If a sentence of community service is imposed cumulatively on another sentence of community service imposed at the same time: (a) at least one of the sentences must commence on the day that sentence is imposed; and (b) the commencement date for the subsequent sentence is the date of the completion of the hours of community service under the first sentence of community service to be served. (2) If a sentence of community service is imposed cumulatively on another sentence of community service to which the offender is already subject, the commencement date for the subsequent sentence is the date of the completion of the hours of community service under the first sentence of community service to be served. (3) For the avoidance of doubt, if a sentence of community service is imposed cumulatively on another sentence of community service, hours of work done under either of the sentences on the date referred to in subsections (1)(b) or (2) of this Section are not counted towards the hours of work required to be done under the other sentence. (4) If a sentence of community service is imposed cumulatively on another sentence of community service (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently quashed on appeal: (a) the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and (b) any hours of work completed under the quashed sentence must be treated as having been done under the subsequent sentence. (5) If a sentence of community service is imposed cumulatively on another sentence of community service (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently cancelled by the Court that made it: (a) the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and (b) for the avoidance of doubt, any hours of work completed under the cancelled sentence must not be treated as having been done under the subsequent sentence. (6) A sentence of community service expires on the date that the offender completes the hours of work required under the sentence (taking into account any hours remitted under section 614 of this Law), whether or not the period of time allowed under section 600 of this Law or any extended period granted under section 616 of this Law has expired.

624. Effect of subsequent sentence of imprisonment. (1) Subsection (2) of this Section applies if an offender who is subject to a community- based sentence is subsequently sentenced to: (a) a term of imprisonment of not more than 12 months; or (b) two or more terms of imprisonment to be served concurrently, each term of which is not more than 12 months; or (c) two or more terms of imprisonment that are cumulative, the total term of which is not more than 12 months. (2) If this subsection applies, the Court must either: (a) order that the community-based sentence be suspended; or (b) order that the community-based sentence be suspended for the duration of the period in which the offender is detained under the sentence or sentences of imprisonment. (3) If the Court suspends the community-based sentence under subsection (2)(b) of this Section, it may, if it deems fit, remit, suspend, or vary any conditions of the sentence imposed by the Court, or impose additional conditions. (4) The Court must not vary any existing condition or impose any new condition of a kind referred to in section 579(2)(b) or 591(3)(b) of this Law unless the offender: (a) has been fully advised by a person who is qualified to prescribe that medication about the nature and likely or intended effect of any variation or new condition in relation to the medication and any known risks; and (b) consents to taking the prescription medication. (5) If a community-based sentence is suspended under subsection (2)(b) of this Section: (a) the offender must report to a Community Service Officer as soon as practicable, and not later than 72 hours, after being released from detention; and (b) the sentence does not resume until the offender has reported to a Community Service Officer as required by paragraph (a) of this subsection. (6) Subsection (7) of this Section applies if an offender who is subject to a community- based sentence is subsequently sentenced to: (a) a term of imprisonment of more than 12 months; or (b) two or more terms of imprisonment to be served concurrently, each term of which is more than 12 months; or (c) two or more terms of imprisonment that are cumulative, the total term of which is not more than 12 months. (7) If this subsection applies, the community-based sentence is suspended.

625. Period of suspension not counted towards sentence. (1) No period during which a sentence of supervision is suspended under section 624(2) or (7) of this Law is counted towards the period under section 571 of this Law. (2) No period during which a sentence of community service is suspended under section 624(2) or (7) of this Law is counted towards the periods referred to in section 600(1) and (2) of this Law. (3) No period during which a sentence of intensive supervision is suspended under section 624(2) or (7) of this Law is counted towards the period under section 583(2) of this Law.

626. Resumption of community-based sentence if sentence of imprisonment is quashed. (1) This section applies to a community-based sentence that is suspended under section 624(2)(a) or section 624(7) of this Law. (2) The community-based sentence is suspended until the earlier of the following events: (a) it resumes under subsection (3) of this Section; or (b) it is cancelled under subsection (5) of this Section. (3) If the sentence or sentences of imprisonment based on which the community-based sentence was suspended are quashed and that results in the offender no longer being detained under a sentence of imprisonment: (a) the offender must report to a Community Service Officer as soon as practicable, and not later than 72 hours, after being released from detention; and (b) the sentence resumes when the offender has reported as required by paragraph (a) of this subsection. (4) The Registrar of the Court in which the sentence or sentences of imprisonment are quashed must notify the Controller of Corrections. (5) If the community-based sentence never resumes under subsection (3) of this Section, it is cancelled when the offender ceases to be detained under the sentence or sentences of imprisonment.

627. Progress reports. (1) If the Court has imposed a sentence of intensive supervision and a special condition of that sentence is that the offender be subject to judicial monitoring, the Community Service Officer supervising the offender must give a written progress report to the Judge or Magistrate who sentenced the offender or to any other Judge or Magistrate of that Court if for any reason it is impracticable for the sentencing judicial officer to be given the report. (2) The progress report must be given to the Judge or Magistrate within 3 months of the date that the sentence commenced under section 622 of this Law or the date at which the offender has served one-third of his or her sentence, whichever is the earlier. (3) The progress report: (a) must contain information on the offender’s progress and compliance with the sentence; and (b) may contain any other information that the Community Service Officer considers relevant to the sentence. (4) The Community Service Officer must prepare and give the Judge or Magistrate further progress reports at specified intervals of not less than 3 months if directed to do so by the judicial officer. (5) The Community Service Officer shall also submit a copy of each progress report to the Director in charge of the applicable Community Service Centre.

628. Consideration of progress reports. After considering a progress report, the Judge or Magistrate may order that the offender attend before him if the Judge or Magistrate considers it desirable for the administration of the sentence or for the rehabilitation or reintegration of the offender.

629. Procedure. (1) A copy of an order under section 628 of this Law must be given to the offender, the Community Service Officer who filed the progress report, and the Director in charge of the applicable Community Service Centre. (2) The order must be accompanied by a notice setting out the time and place of the attendance.

630. Procedure if possible grounds for variation or cancellation of sentence exist. (1) If, after hearing from the offender and the Community Service Officer, the Judge or Magistrate considers that there may be grounds for variation or cancellation of the sentence of intensive supervision, the Judge or Magistrate may request submissions on whether the sentence should be varied or cancelled. (2) If the Judge or Magistrate requests further submissions under subsection (1) of this Section, the Judge or Magistrate must set the matter down for a hearing. (3) After hearing submissions on whether the sentence should be varied or cancelled at the hearing, the Judge or Magistrate may vary or cancel the sentence of intensive supervision in accordance with section 594 of this Law as if an application had been made under that section.

631. Purpose of collecting biometric information. (1) Biometric information collected under section 576(1)(g), 588(1)(i) or 603 of this Law, may only be used for the purpose of helping: (a) to manage offenders to ensure public safety; (b) to identify offenders before they leave the State; and (c) to enforce the conditions specified in section 588(1)(h) of this Law. (2) Biometric information may be used only for the purpose referred to in subsection (1) of this Section.

632. Imposition, and effect, of drug or alcohol condition. (1) This section applies if a Court imposes a drug or alcohol condition on an offender under section 579(2)(d) or 591(3)(c) of this Law. (2) The condition requires the offender to comply with all requirements arising from an authorised person giving the offender notice under section 633(2) of this Law. (3) The Court must advise the offender that the offender must do any one or more of the following things if required to do so by notice given by an authorised person under section 633(2) of this Law: (a) undergo testing for a narcotic drug, a psychotropic substance, or alcohol; and/or (b) submit to continuous monitoring of the offender’s compliance with the drug or alcohol condition.

633. Offender with drug or alcohol condition may be required to undergo testing. (1) This section applies to an offender who is: (a) subject to a sentence of supervision or intensive supervision with a drug or alcohol condition; or (b) subject to a post-imprisonment condition that is a drug or alcohol condition. (2) An authorised person may, by notice given to an offender to whom this section applies, require the offender to undergo testing for a narcotic drug, a psychotropic substance, or alcohol using a testing procedure prescribed in rules made under section 637(a) of this Law. (3) An authorised person (as defined by subsection (5) of this Section exercising that person’s discretion under subsection (2) of this Section: (a) must comply with any rules made under section 637 of this Law; and (b) may: (i) select an offender to do what is specified in subsection (2)(a) of this Section or in any manner (including randomly), and (ii) make a determination in respect of the offender with or without evidence that the offender has breached the condition; and (c) must, if requiring the offender to do what is specified in subsection (2) of this Section, determine the prescribed testing procedure to be used for the testing required under subsection (2) of this Section. (4) Only a medical practitioner or medical officer may collect a blood sample from an offender under this section. (5) In this section and in sections 618, 620, 634 to 636 and 653 of this Law, authorised person means a person who is: (a) a police officer; (b) an official of the National Drug Law Enforcement Agency; or (c) an employee of the Nigerian Correctional Services (including the Nigerian Non- Custodial Service) authorised by the Controller of Corrections to require offenders to undergo testing or monitoring.

634. How notice of requirement to undergo testing may be given. (1) An authorised person may give an offender a notice under section 633(2) of this Law in any of the following ways: (a) by giving the notice personally and in writing to the offender; (b) by giving the notice personally and orally to the offender, then, unless the notice requires the offender only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the offender; or (c) if the notice is given under section 633(2) of this Law, by giving the notice to the offender by telephone or other means of electronic communication, then as soon as practicable recording it in writing (if it is not already in writing) and giving a copy to the offender. (2) A notice given by an authorised person under subsection (1)(c) of this Section that requires an offender to undergo testing must specify the name and location of a testing facility to which the offender is required to report to undergo testing, and the time or times when the offender is required to report, under section 635 of this Law.

635. Where prescribed testing procedure may be carried out. (1) An authorised person may require an offender to whom section 633 of this Law applies to undergo testing at the place where the offender is given notice under section 633(2) of this Law personally by the authorised person. (2) Subsection (1) of this Section applies even if the place where the offender is given notice personally by the authorised person is: (a) a public place; or (b) a place that is wholly or partly outside a dwelling house, or any other building, at the offender’s residential address. (3) However, an offender cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) of this Section if the testing procedure involves the collection of blood or urine. (4) An offender given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) of this Section applies or if it is not reasonably practicable to require the offender to undergo testing at the place where the offender is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the offender to undergo testing. (5) An offender given a notice under section 634(1)(c) of this Law that requires the offender to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

636. Information obtained from drug and alcohol testing or monitoring. (1) Information obtained from a prescribed testing procedure may be used for all or any of the following purposes: (a) verifying compliance by the offender with a drug or alcohol condition; and (b) detecting non-compliance by an offender with a drug or alcohol condition and providing evidence of that non-compliance. (2) A Court may, in the absence of evidence that is available to the Court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure: (a) is accurate; and (b) was obtained in the manner required by sections 633 to 635 of this Law.

637. Rules about drug and alcohol testing and monitoring. The Chief Judge may, by notice in the State official Gazette and after making appropriate consultations, make rules for all or any of the following purposes: (a) prescribing, for the purposes of section 633(2) of this Law, one or more types of testing procedure that an offender to whom section 633 of this Law applies may be required to undergo; (b) specifying how often each of the prescribed testing procedures may be carried out; (c) prescribing, for any one or more of the following minimum levels that must be present in a bodily sample collected from an offender for the sample to be used as evidence that the offender has breached a drug or alcohol condition: (i) narcotic drugs, (ii) psychotropic substances, and (iii) alcohol. (d) such other provisions as the Chief Judge deems appropriate.

638. Further provisions concerning rules about drug and alcohol testing. (1) Rules made under section 637(a) of this Law may, without limitation, prescribe testing procedures that do all or any of the following: (a) include, as part of the procedure, either or both of the following: (i) breath screening, and/or (ii) the collection and analysis of a bodily sample; (b) require an offender to be supervised by a person of the same sex as the offender during the collection of a bodily sample required for testing; and/or (c) provide for an offender to elect, if the offender meets in advance all actual and reasonable costs, to have part of a bodily sample (or one bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules. (2) The Chief Judge may make rules under section 637 of this Law only if satisfied that the rules: (a) prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol condition; and (b) allow for offenders to be tested no more often than is reasonably necessary to ensure compliance with a drug or alcohol condition; and (c) ensure that offenders liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable. (3) Subsection (1)(b) of this Section overrides subsection (2)(c) of this Section.

639. Length of sentence of imprisonment. If under any enactment an offender is liable to imprisonment for life or for any specified term, the Court may, in accordance with this Law, impose imprisonment for the maximum term provided for the particular offence or any lesser term, unless a minimum term of imprisonment is expressly provided for.

640. Procedure if offender convicted in Magistrates’ court and Court believes offender could be sentenced to life imprisonment. (1) This section applies if a person is convicted by a Magistrates’ Court of an offence with a maximum penalty of life imprisonment, and the Court has reason to believe that a sentence of life imprisonment may be appropriate. (2) The Court must transfer the offender to the High Court for sentence and make an entry in the permanent Court record to the effect that the Court has declined jurisdiction on the ground that it has reason to believe that the offender should be considered for a sentence of life imprisonment.

641. Pre-sentence detention must not be considered in determining length of sentence. (1) In determining the length of any sentence of imprisonment to be imposed, the Court must not consider any part of the period during which the offender was on pre-sentence detention. (2) For the avoidance of doubt, pre-sentence detention includes any detention of an offender that occurs at any stage during the proceedings leading to his or her conviction or pending sentence, whether that period (or any part of it) relates to: (a) any charge on which the offender was eventually convicted; (b) any other charge on which the offender was originally arrested; or (c) any charge that the offender faced at any time between his or her arrest and before conviction.

642. Cumulative and concurrent sentences of imprisonment. (1) A determinate sentence of imprisonment may be imposed cumulatively on any other determinate sentence of imprisonment that the Court directs, whether then imposed or to which the offender is already subject. (2) Notwithstanding subsection (1) of this Section, a Court may not impose a sentence of imprisonment cumulatively on another sentence of imprisonment if, at the time of sentencing, the offender is subject to a sentence of imprisonment but, having commenced serving the sentence, is no longer detained under it. (3) An indeterminate sentence of imprisonment must not be imposed cumulatively on any other sentence. (4) Any sentence of imprisonment may be imposed concurrently with any other sentence of imprisonment. (5) For the purpose of this section, a term of imprisonment imposed on an offender (whether by committal, sentence, or order) in respect of the non-payment of a sum of money, contempt of Court, or disobedience of a Court order is deemed to be a determinate sentence of imprisonment.

643. Guidance on use of cumulative and concurrent sentences of imprisonment. (1) Cumulative sentences of imprisonment are generally appropriate if the offences for which an offender is being sentenced are different in kind, whether or not they are a connected series of offences. (2) Concurrent sentences of imprisonment are generally appropriate if the offences for which an offender is being sentenced are of a similar kind and are a connected series of offences. (3) In determining, for the purpose of this section, whether two or more offences committed by one offender are a connected series of offences, the Court may consider: (a) the time at which they occurred; (b) the overall nature of the offending acts; or (c) any other relationship between the offences that the Court considers relevant.

644. Court to consider totality of offending acts. (1) Subject to this section, if a Court is considering imposing sentences of imprisonment for two or more offences, the individual sentences must reflect the seriousness of each offence. (2) If cumulative sentences of imprisonment are imposed, whether individually or in combination with concurrent sentences, they must not result in a total period of imprisonment wholly out of proportion to the gravity of the overall offending acts. (3) If, because of the need to ensure that the total term of cumulative sentences is not disproportionately long, the imposition of cumulative sentences would result in a series of short sentences that individually fail to reflect the seriousness of each offence, then longer concurrent sentences, or a combination of concurrent and cumulative sentences, must be preferred. (4) If only concurrent sentences are to be imposed: (a) the most serious offence must, subject to any maximum penalty provided for that offence, receive the penalty that is appropriate for the totality of the offending acts; and (b) each of the lesser offences must receive the penalty appropriate to that offence.

645. Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment. (1) If a Court sentences an offender to a determinate sentence of imprisonment of more than 5 years for a particular offence, it may, at the same time as it sentences the offender, order that the offender serve a minimum period of imprisonment in relation to that particular sentence before the offender is eligible for parole. (2) A minimum period of imprisonment imposed under this section must not exceed the lesser of: (a) two-thirds of the full term of the sentence; or (b) 10 years.

646. Warrant of commitment for sentence of imprisonment. (1) If a Court imposes a sentence of imprisonment, a warrant must be issued stating briefly the particulars of the offence and directing the detention of the offender in accordance with the sentence. (2) If the sentence is imposed by the Magistrates’ Court, any Magistrate may sign the warrant. (3) If the sentence is imposed by the High Court, any Judge of that Court may sign the warrant. (4) A warrant under this section may be issued in respect of any number of sentences imposed in respect of the same offender at the same sitting of the Court.

647. References to period of imprisonment for purposes of section 648. (1) For the purposes of section 648 of this Law, a Court sentences an offender to imprisonment for a particular period if: (a) in a case where the offender was not already subject to a sentence or sentences of imprisonment, it sentences the offender to one sentence of imprisonment, the term of which is equal to that period; (b) in a case where the offender was not already subject to a sentence or sentences of imprisonment, it sentences the offender to two or more sentences of imprisonment, the total term of which is equal to that period; or (c) in a case where the offender was already subject to a sentence or sentences of imprisonment, it sentences the offender to one or more sentences of imprisonment the total term of which, including the existing sentences of imprisonment, is equal to that period. (2) For the purposes of this section, the total term of two or more sentences of imprisonment is a term beginning with the commencement date of the first of the sentences to commence and ending with the sentence expiry date of the sentence last to expire.

648. Imposition of conditions on release of offender sentenced to imprisonment for short term. (1) A Court that sentences an offender to a term of imprisonment of 12 months or less may impose the standard conditions in section 649 of this Law and any special conditions on the offender and, if it does so, must specify when the conditions expire. (2) If a Court sentences an offender to a term of imprisonment of more than 12 months but not more than 24 months: (a) the standard conditions apply to the offender until the sentence expiry date, unless the Court specifies a different date; and sections 650, 651 and 652 of this Law apply as if the standard conditions had been imposed by order of the Court; and (b) the Court may at the same time impose any special conditions on the offender and, if it does so, must specify when the conditions expire. (3) The Court may specify that conditions imposed under this section expire on: (a) the sentence expiry date; (b) the date that is a specified period before the sentence expiry date; or (c) the date that is a specified period of up to 6 months after the sentence expiry date. (4) If the Court imposes special conditions on an offender, the special conditions may apply for as long as, but no longer than, the standard conditions apply to the offender. (5) A special condition must not be imposed unless it is designed to: (a) reduce the risk of reoffending by the offender; (b) facilitate or promote the rehabilitation and reintegration of the offender; or (c) provide for the reasonable concerns of victims of the offender. (6) The kinds of conditions that may be imposed as special conditions include, without limitation: (a) conditions relating to the offender’s place of residence (which may include a condition that the offender reside at a particular place), or his or her finances or earnings; (b) conditions requiring the offender to participate in a programme (as defined in section 578 of this Law) to reduce the risk of further offending by the offender through the rehabilitation and reintegration of the offender; (c) conditions prohibiting the offender from doing one or more of the following: (i) using a narcotic drug, (ii) using a psychotropic substance, (iii) consuming alcohol; (d) conditions that the offender does not associate with any person, persons, or class of persons; (e) conditions requiring the offender to take prescription medication; (f) conditions prohibiting the offender from entering or remaining in specified places or areas, at specified times, or at all times; (g) conditions requiring the offender to submit to the electronic monitoring of compliance with any release conditions or conditions of an extended supervision order, imposed under paragraph (f) of this subsection, that relate to the whereabouts of the offender; and (h) an intensive monitoring condition, which must, and may only, be imposed if a Court orders the imposition of an intensive monitoring condition. (7) No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender: (a) has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and (b) consents to taking the prescription medication. (8) If a Court sentences an offender to a term of imprisonment of more than 24 months, it must not impose conditions on the offender’s release from imprisonment. (9) A Court must not impose conditions on an offender’s release from imprisonment if: (a) the Court sentences an offender to an indeterminate sentence of imprisonment; or (b) the Court sentences an offender to imprisonment who is already subject to an indeterminate sentence of imprisonment. (10) If the Court sentences the offender to more than one term of imprisonment on the same occasion: (a) only one order under this section may be made; and (b) that order applies in respect of all the sentences of imprisonment imposed on that occasion.

649. Standard release conditions. (1) An offender who is subject to the standard release conditions must comply with the following conditions: (a) the offender must report in person to a Community Service Officer in or closest to the Magisterial District in which the offender resides as soon as practicable, and not later than 72 hours, after release; (b) the offender must report to a Community Service Officer as and when the Officer requires, and must notify the Officer of his or her residential address and the nature and place of his or her employment when asked to do so; (c) the offender must not move to a new residential address in another Magisterial District without the prior written consent of the Community Service Officer; (d) if consent is given under paragraph (c) of this subsection, the offender must report in person to a Community Service Officer in or closest to the new Magisterial District in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender’s arrival in the new area; (e) if an offender intends to change his or her residential address within the same Magisterial District, the offender must give the Community Service Officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the Community Service Officer of the new address; (f) the offender must not reside at any address at which a Community Service Officer has directed the offender not to reside; (g) the offender must not leave or attempt to leave the State without the prior written consent of a Community Service Officer; (h) the offender must, if a Community Service Officer directs, allow the collection of biometric information; (i) the offender must not engage, or continue to engage, in any employment or occupation in which the Community Service Officer has directed the offender not to engage or continue to engage; (j) the offender must not associate with any specified person, or with persons of any specified class, with whom the Community Service Officer has, in writing, directed the offender not to associate; and (k) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a Community Service Officer. (2) Biometric information collected under subsection (1)(h) of this Section may only be used for the purpose of helping: (a) to manage offenders to ensure public safety; (b) to identify offenders before they leave the State; and (c) to enforce the condition specified in subsection (1)(h) of this Section.

650. Variation of release conditions. (1) An offender who is subject to conditions imposed under section 648 or 649 of this Law, or a Community Service Officer, may apply for an order under subsection (3) of this section. (2) On an application under subsection (1) of this Section, the Court may, if it thinks fit: (a) suspend any condition or vary the duration of any condition, or impose additional conditions; or (b) discharge a condition and substitute any other condition described in section 648 or 649 of this Law that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed. (3) The Court must not vary any existing condition, or impose any new condition, of a kind referred to in section 648(7) of this Law (which involves prescription medication) unless the offender: (a) has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of any variation or new condition in relation to the medication and any known risks; and (b) consents to taking the prescription medication. (4) If an application is made under this section for the suspension, variation, or discharge of any condition, a Community Service Officer may suspend the condition until the application has been heard and disposed of.

651. Review of conditions if conditions are incompatible. (1) This section applies if: (a) an offender is, at the same time, subject to conditions imposed under two or more orders made under section 648 or 649 of this Law; and (b) a Community Service Officer is satisfied that: (i) any condition to which the offender is subject under any of the orders is incompatible with any other condition to which the offender is subject under any other of the orders, or (ii) in light of all the conditions to which the offender is subject under the orders, it is unreasonable to expect the offender to comply with any one or more of the conditions. (2) The Community Service Officer must apply for a review of the conditions to which the offender is subject under the orders made under section 648 or 649 of this Law. (3) Section 650 of this Law applies with any necessary modifications to an application made under this section.

652. Offence to breach conditions. (1) Every offender commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding N600,000.00 (Six Hundred Thousand Naira), who breaches, without reasonable excuse, any conditions imposed under section 648, section 649 or section 650 of this Law. (2) In the case of a condition of a kind referred to in section 648(7) of this Law an offender does not breach his or her conditions for the purposes of this section if he or she withdraws consent to taking prescription medication.

653. Offences related to post-imprisonment conditions that are drug or alcohol conditions. An offender who is subject to a sentence of supervision with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding N300,000.00 (Three Hundred Thousand Naira), if the offender: (a) refuses or fails, without reasonable excuse: (i) to undergo a testing procedure when required to do so under sections 633(2) and 635 of this Law, or (ii) to accompany an authorised person, when required to do so under section 635(4) of this Law, to a place where it is likely that it will be reasonably practicable for the offender to undergo testing, or (iii) to report, at any time or times when required to do so under section 635(3) of this Law, to a specified testing facility to undergo testing; or (b) does anything with the intention of diluting or contaminating a bodily sample required under section 635(5) of this Law for the purposes of a prescribed testing procedure.

654. Start date of sentence of imprisonment. (1) The start date of a sentence of imprisonment imposed after the commencement date is the date on which the sentence is imposed. (2) For the purpose of this section, a term of imprisonment imposed on an offender (whether by committal, sentence, or order) in respect of the non-payment of a sum of money, contempt of Court, or disobedience of a Court order is deemed to be a determinate sentence of imprisonment.

655. Offender levy imposed by court. (1) This section applies where a Court dealing with an offender for one or more offences imposes a sentence which is or includes: (a) a sentence of imprisonment; (b) a community-based sentence; or (c) a sentence of a fine or restitution. (2) Subject to subsections (3) and (4) of this Section, the Court must, in addition, order the offender to pay an amount (the offender levy) determined under section 657 of this Law. (3) Subsection (2) of this Section does not apply where the offender is an individual under the age of 18. (4) Subsection (2) of this Section does not apply by virtue of a sentence mentioned in subsection (1)(a) of this Section if: (a) that sentence is to be served concurrently with another such sentence imposed on the offender on a previous occasion; and (b) the offender levy has been imposed under this section in relation to that other sentence. (5) Where an offender is liable to pay both a fine and an offender levy imposed by a Court, any amount paid by an offender in respect of that liability shall be treated as first discharging the liability to pay the offender levy.

656. Enforcement and treatment of offender levy imposed by Court. (1) An offender levy imposed by a Court on an offender is enforceable in the same manner as any fine which has been, or might have been, imposed by the Court in dealing with the offender. (2) Any statutory provision referring (in whatever terms) to the enforcement of a fine imposed by a Court shall have effect in relation to the enforcement of an offender levy imposed by that Court as it has effect in relation to the enforcement of that fine. (3) Without limiting the generality of subsection (2) of this Section, the Court imposing a sentence shall: (a) ensure the collection of the offender levy determined under section 657 of this Law; and (b) remit any funds received under paragraph (a) of this subsection to the Solicitor- General for payment into the victims’ services bank account described in section 659 of this Law. (4) Subsections (1), (2) and (3) of this Section are subject to: (a) any provision made by regulations under subsection (4) (5) of this Section; and (b) section 655(5) of this Law. (5) The Attorney-General may make such regulations with respect to the enforcement of an offender levy imposed by a Court as the Attorney-General considers appropriate. (6) Regulations made under subsection (5) of this Section may, in particular: (a) modify any statutory provision as if it has effect by virtue of subsection (2) of this Section in relation to an offender levy imposed by a Court; and (b) make such incidental, supplemental or consequential provision (including provision to modify a statutory provision) as appears to the Attorney-General to be expedient. (7) In subsection (6) of this Section “modify” includes the making of additions, omissions, exceptions and amendments. (8) Except as provided by or under this Subpart, amounts in respect of offender levies imposed by a Court are to be paid, collected, and treated in the same manner as amounts in respect of fines so imposed.

657. Offender levy on certain penalties. (1) This section applies to a State Law that applies a fixed penalty notice. (2) For the purposes of subsection (1) of this Section, a fixed penalty notice refers to the notice of a fine under a State Law that offers the alleged offender the option to: (a) pay the fine to avoid prosecution, or (b) refuse to pay the fine and be charged with the offence. (3) Where the person liable to pay a penalty to which this section applies is over the age of 18, the penalty is increased by an amount (the offender levy) determined under section 658 of this Law.

658. Amount of the offender levy. (1) The offender levy for the purposes of section 655 of this Law is: (a) N30,000.00 (Thirty Thousand Naira), where the sentence imposed on the offender is or includes: (i) a determinate sentence of imprisonment or detention for more than 2 years, or (ii) an indeterminate sentence of imprisonment; (b) N15,000.00 (Fifteen Thousand Naira), where the sentence: (i) is or includes a determinate sentence of imprisonment or detention for 2 years or less, and (ii) does not include a sentence falling within paragraph (a) of this subsection; (c) N10,000.00 (Ten Thousand Naira), where the sentence: (i) is or includes a community-based sentence, or a sentence of conviction and discharge, and (ii) does not include a sentence falling within paragraph (a) or (b) of this subsection; (d) N8,000.00 (Eight Thousand Naira), where the sentence: (i) is or includes a fine or restitution, and (ii) does not include a sentence falling within paragraph (a), (b) or (c) of this subsection. (2) The offender levy for the purposes of section 657 of this Law is N5,000.00 (Five Thousand Naira). (3) The Attorney-General may, by regulations, amend subsections (1) and (2) of this Section. (4) No regulation shall be made under subsection (3) of this Section unless a draft of the regulation has been laid before and approved by a resolution of the State House of Assembly.

659. Victims' services bank account. The Solicitor-General must, for the purposes of this Subpart and subject to the approval of the State Executive Council, establish through the Ministry of Justice a bank account to be known as the victims? services bank account (in this Subpart referred to as the account).

660. Payments from, and other operation of account. The Solicitor-General must ensure that money is paid out of the account, and that the account is otherwise operated, only as permitted, or required by this subpart or by regulations made under section 662 of this Law.

661. Distribution of money in account. The Solicitor-General may, with the Attorney-General’s approval, from time to time, pay to an approved agency any amount of money from money that is held in the account.

662. Regulations on operation of account. The Attorney-General may, by notice in the State official Gazette, make regulations for all or any of the following purposes: (a) providing for the circumstances and manner in which money may or must be paid out of the account; and (b) providing for the manner in which, and the conditions subject to which, the Permanent Secretary/Solicitor-General may or must otherwise operate the account.

663. Approval of Agency. (1) The Attorney-General may approve an organisation as an approved agency for the purposes of this Subpart. (2) Before approving an organisation as an approved agency, the Attorney-General must be satisfied that: (a) the organisation has as one of its roles providing services to victims of crime; (b) any amount paid to the organisation under section 661 of this Law will be applied to provide services to victims of crime; (c) the organisation has members with the knowledge, experience, and skills to provide services to victims of crime; and (d) the organisation has in place administrative arrangements that will enable money received by the organisation to be accounted for. (3) The Attorney-General may at any time, by notice in writing to an organisation approved under subsection (1) of this Section, revoke that approval if the Attorney-General is no longer satisfied of the matters set out in subsection (2) of this Section or of any other matters that the Attorney-General considers relevant.

664. Discharge without conviction. (1) If a person who is charged with an offence is found guilty or pleads guilty, the Court may discharge the offender without conviction, unless the Court is required to impose a minimum sentence or mandatory sentence under any enactment applicable to the offence. (2) A discharge under this section is deemed to be an acquittal. (3) A Court discharging an offender under this section may: (a) make an order for payment of costs or the restitution of any property; or (b) make any order for the payment of any sum that the Court thinks fair and reasonable to compensate any person who, through or by means of the offence, has suffered: (i) loss of, or damage to, property, (ii) emotional harm, or (iii) loss or damage consequential on any emotional or physical harm or loss of, or damage to, property; or (c) make any order that the Court is required to make on conviction. (4) Sections 540 to 547 of this Law apply, with any necessary modifications, to an order under subsection (3)(b) of this Section as they apply to a sentence of restitution.

665. Guidance on discharge without conviction. The Court must not discharge an offender without conviction unless the Court is satisfied that the direct and indirect consequences of a conviction would be out of all proportion with the gravity of the offence.

666. Conviction and discharge. (1) If a person is convicted of a non-felonious offence, a Court before which the offender appears for sentence may, instead of imposing a sentence, direct that the offender be discharged unless the Court is required to impose a minimum sentence under any enactment applicable to the offence. (2) A Court discharging an offender under this section may: (a) make an order for payment of costs or the restitution of any property; or (b) make any order for the payment of any sum that the Court thinks fair and reasonable to compensate any person who, through, or by means of, the offence, has suffered: (i) loss of, or damage to, property, (ii) emotional harm, or (iii) loss or damage consequential on any emotional or physical harm or loss of, or damage to, property; or (c) make any order that the Court is required to make on conviction. (3) Sections 540 to 547 of this Law apply, with any necessary modifications, to an order under subsection (2)(b) of this Section as they apply to a sentence of restitution.

667. Guidance on conviction and discharge. The Court must not convict and discharge an offender unless it is satisfied that a conviction is sufficient penalty in itself.

668. Order to come up for sentence if called on. (1) If a person is convicted of an offence, a Court before which the offender appears for sentence may, instead of imposing sentence, order the offender to appear for sentence if called on to do so within the period described in subsection (2) of this Section. (2) The period referred to in subsection (1) of this Section is a period, not exceeding 1 year commencing with the date of conviction, that the Court may specify in the order. (3) A Court making an order under this section may: (a) make an order for payment of costs or the restitution of any property; or (b) make any order for the payment of any sum that the Court thinks fair and reasonable to compensate any person who, through, or by means of, the offence, has suffered: (i) loss of, or damage to, property, (ii) emotional harm, or (iii) loss or damage consequential on any emotional or physical harm or loss of, or damage to, property; or (c) make any order that the Court is required to make on conviction. (4) Sections 540 to 547 of this Law apply, with any necessary modifications, to an order under subsection (3)(b) of this Section as they apply to a sentence of restitution.

669. Calling offender to come up for sentence. (1) This section applies if an offender in respect of whom an order is made under section 668 of this Law: (a) is convicted of a subsequent offence punishable by imprisonment for a term of more than 3 months; (b) fails to comply with any other order referred to in section 668(3) of this Law; or (c) fails to comply with any agreement or fails to take any measure or action of a kind referred to in section 516(1)(b) or (c) of this Law that was brought to the attention of the Court at the time the Court made the order under section 668 of this Law. (2) Any of the following persons may, at any time within the period specified in the order, apply to a Court having jurisdiction to deal with the original offence to have the offender brought before the Court to be dealt with for that offence: (a) the Attorney-General; (b) the Director of Public Prosecution; (c) a Law Officer in the Ministry of Justice; (d) any person designated by the Attorney-General; or (e) a law enforcement officer. (3) On an application under subsection (2) of this Section, the Court may: (a) issue a summons in the prescribed form requiring the offender to appear at the time and place appointed in the summons to show cause why the offender should not be dealt with for the original offence; (b) if the offender fails to appear before the Court in answer to the summons issued under paragraph (a) of this subsection, issue a warrant to arrest the offender and bring him or her before the Court; or (c) issue an arrest warrant without first issuing a summons. (4) If a person appears before a Court under this section and the Court is satisfied that any of the matters specified in subsection (1) of this Section applies, the Court: (a) must inquire into the circumstances of the original offence and the conduct of the offender since the order was made (including, where appropriate, the circumstances and gravity of the subsequent offence); and (b) may sentence or otherwise deal with the offender for the original offence.

670. Non-association order. (1) If an offender is convicted of an offence punishable by imprisonment, the Court may make a non-association order in respect of the offender. (2) Before making a non-association order, the Court must be satisfied that the making of the order is reasonably necessary to ensure that the offender does not commit further offences punishable by imprisonment. (3) Subject to subsection (4) of this Section, a non-association order may be made in addition to, or instead of, imposing a sentence or making any other order. (4) If the Court makes a non-association order, it must not at the same time impose on the offender a sentence of imprisonment, whether for the offence for which that order was made or for any other offence for which the offender has appeared for sentence. (5) The Court must not make a non-association order if the offender is already detained under a sentence of imprisonment of more than 2 years imposed on an earlier occasion. (6) Section 503 of this Law applies to a person specified in a non-association order as if that person were connected with the proceedings.

671. Effect of non-association order. (1) A non-association order prohibits the offender from associating with: (a) any person or persons specified in the order; or (b) any person or persons of any class specified in the order. (2) A non-association order has effect for the period, not exceeding 12 months, that the Court may specify in the order.

672. Cumulative orders and sentences. (1) A non-association order must not be cumulative on another non-association order or on a sentence of any kind imposed at the same time as the non-association order. (2) If the Court imposes a non-association order on an offender who is already detained under a sentence of imprisonment of 2 years or less, the non-association order is cumulative on the other sentence.

673. Order must be drawn up and copy given to offender, etc. (1) If a Court makes a non-association order, the particulars of non-association must be drawn up in the form of an order. (2) For the purposes of subsection (1) of this Section, a Court may direct that the offender be detained in the custody of the Court for a period, not exceeding 4 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender. (3) If it is not practicable to give a copy of the order to the offender before the offender leaves the Court, a copy must be given to the offender in person as soon as practicable after the offender leaves the Court. (4) A copy of the order must be given to: (a) the State Controller of Corrections; and (b) the police officer in charge of the police station nearest to the Court in which the order was made.

674. Commencement of period of non-association. (1) Except as provided in subsection (2) of this Section, the period of non-association specified by a non-association order commences on the day on which the order is made. (2) If a non-association order is, under section 672(2) of this Law, cumulative on a sentence of imprisonment, the period of non-association specified by the non-association order commences on the day on which the offender is released from detention under the sentence of imprisonment.

675. Breach of non-association order constitutes offence. (1) An offender who is subject to a non-association order commits an offence who, without reasonable excuse, associates with any person in contravention of the order. (2) A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding N300,000.00 (Three Hundred Thousand Naira)

676. Effect of subsequent sentences on non-association order. If an offender who is subject to a non-association order (whether or not it is cumulative on a sentence of imprisonment and whether or not the period of non-association has commenced) is subsequently sentenced for another offence, the following provisions shall apply: (a) if the offender is subsequently sentenced to imprisonment for a term of more than 2 years, the non-association order is suspended; (b) if any other sentence is imposed, the Court may make an order suspending the non-association order; or (c) if the offender is sentenced to imprisonment for a term of 2 years or less and the Court makes no order under paragraph (b) of this Section, then: (i) if the non-association order is cumulative on a sentence of imprisonment and the period of non-association specified by the order has not commenced, the period of non-association does not commence until the day on which the offender is released from detention after serving each sentence of imprisonment to which the offender is subject, or (ii) in any other case, the period of non-association continues to run while the offender is detained and, on the offender’s release, he or she continues to be subject to the non-association order for any unexpired residue of the period of non- association.

677. Resumption of non-association order if sentence of imprisonment is quashed. (1) This section applies to a non-association order that is suspended under section 676(a) or (b) of this Law. (2) The non-association order is suspended until the earlier of the following events: (a) it resumes under subsection (3) of this Section; or (b) it is cancelled under subsection (5) of this Section. (3) The non-association order is resumed if the sentence of imprisonment based on which the non-association order was suspended is quashed and that results in the offender no longer being detained under a sentence of imprisonment. (4) If a non-association order is resumed under subsection (3) of this Section, no period during which the order was suspended is counted towards the period under section 670(2) of this Law. (5) If the non-association order never resumes under subsection (3) of this Section, it is cancelled when the offender ceases to be detained under the sentence of imprisonment based on which the non-association order was suspended.

678. Application for review of non-association order. (1) An offender may, at any time after the expiration of half the period of non- association under a non-association order, apply for the variation or cancellation of the order. (2) If a non-association order is cumulative on a sentence of imprisonment, the offender may, before the period of non-association commences, apply for the variation or cancellation of the order. (3) A Community Service Officer or Director in charge of a Community Service Centre may apply for the variation or cancellation of a non-association order if: (a) the offender who is subject to it is convicted of an offence punishable by imprisonment; or (b) a Community Service Officer or Director in charge of a Community Service Centre believes on reasonable grounds that the offender has failed or is unable to comply with the order. (4) Subsection (3) of this Section does not apply if the order is cancelled under section 677 of this Law. (5) If an application is made under this section by a Community Service Officer, the Community Service Officer may suspend the order until the application has been heard and disposed of.

679. Determination of application for variation or cancellation of order. (1) On an application under section 678 of this Law, the Court must have regard to: (a) any change in circumstances since the non-association order was made; and (b) if the period of non-association specified by the order has commenced, the way the offender has responded to the order. (2) The Court may: (a) vary the particulars of non-association; (b) cancel the order; or (c) cancel the order and substitute any other sentence that could have been imposed on the offender at the time when the offender was convicted of the offence for which the order was made. (3) When determining any substitute sentence under subsection (2)(c) of this Section, the Court must consider the portion of the non-association order that remains unserved at the time. (4) If the Court cancels the order: (a) in any case where the period of non-association specified by the order has commenced, the period of non-association expires on the date that the Court may specify; or (b) in any other case, the period of non-association expires on the date that the order cancelling the non-association order is made.

680. Conditions attached to detention in safe custody or a suitable place other than a Custodial Centre or mental asylum. (1) Where a person is ordered to be detained in safe custody or a suitable place other than a Custodial Centre or mental health asylum, the person is, notwithstanding anything in this Law or in any other enactment: (a) liable to be detained in a Custodial Centre, asylum or any other place provided under this Law or any enactment, as the Court may direct; and (b) while so detained shall be deemed to be in legal custody. (2) A person detained in safe custody or a suitable place other than a Custodial Centre or mental health asylum may at any time be discharged by a Court order where it is just and reasonable to do so. (3) The Court may at any time revoke or vary an order under subsection (2) of this Section and where the order is revoked: (a) the person to whom the order relates shall proceed to such place as the Court may direct; and (b) if the person fails to do so, he or she may be arrested without warrant and taken to the place.

681. Establishment day. The Governor shall, by Executive Order and on the recommendation of the Attorney- General, appoint a day to be the establishment day for the purposes of this Part.

682. Establishment of the Board. (1) There shall stand established on the establishment day a body which shall be known as the Delta State Parole Board, to perform the functions conferred by this Part. (2) The Board shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Governor, have power to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property. (3) The seal of the Board shall be authenticated by the signatures of two members of the Board. (4) Subject to the Evidence Act, Judicial notice shall be taken of the seal of the Board and any document purporting to be an instrument made by, and to be sealed with the seal of, the Board shall be received in evidence and be deemed to be such instrument without further proof, unless the contrary is shown.

683. Functions of the Board. (1) The Board, in addition to the other functions conferred on it by this Law: (a) shall provide information to persons serving sentences of imprisonment, victims, and members of the public in relation to its functions; (b) shall provide information to the Attorney-General in relation to its functions and make recommendations to the Attorney-General, upon his or her request, to assist the Attorney-General in coordinating and making policy related to the release of persons from prison on parole, and (c) may undertake, commission, or assist in research projects and other activities related to the release of persons from prison on parole which in the opinion of the Board may assist it in the exercise of its functions, and make recommendations to the Attorney-General arising from those projects or activities. (2) Subject to this Law, the Board shall be independent in the exercise of its functions.

684. Membership of the Board. (1) Subject to this section, the Board shall consist of 7 members as follows: (a) a Judge or a retired Judge of the High Court nominated for appointment by the Chief Judge, who shall be the chairperson; (b) a practicing lawyer of not less than 10 years' standing nominated for appointment by the Branches of the Nigerian Bar Association within the State; (c) a serving member of the Nigeria Police Force not below the rank of a Chief Superintendent of Police, nominated for appointment by the Commissioner of Police; (d) a health assessor (as defined in section 2(1) of this Law) not below the rank of Chief Medical Officer nominated for appointment by the Commissioner for Health; (e) an official of the Nigerian Correctional Service, not below the rank of a Chief Superintendent, nominated for appointment by the Controller of Corrections; (f) a representative of a non-governmental organisation that specialises in advocating for the rights of persons serving terms of imprisonment in prisons or the amelioration of conditions in prisons; and (g) one other person who, in the Attorney-General's opinion, has sufficient experience and expertise relating to matters connected with the functions of the Board. (2) The members of the Board shall be appointed by the Governor subject to the confirmation of the House. (3) In appointing a person to be a member of the Board, the Governor shall satisfy himself or herself that the person has: (a) a knowledge and understanding of the criminal justice system; and (b) the ability to make a reasonable and balanced assessment of: (i) the risk a person serving a sentence of imprisonment might present to the safety and security of members of the public if released on parole, (ii) the extent to which such a person has been rehabilitated and would, if released on parole, be capable of reintegrating into society, and (iii) whether it is appropriate in all the circumstances that such a person be released on parole.

685. Term of appointment of members of the Board. (1) Subject to section 686 of this Law, a member of the Board shall hold officer for a period of 4 years from the date of his or her appointment and may be eligible for reappointment for another period of 4 years and no more. (2) Each member of the Board shall be paid such remuneration and allowances may be specified in their letter of appointments. (3) Where a member of the Board dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Governor may appoint another person to the Board to fill the vacancy so occasioned in the same manner as the member of the Board who occasioned the vacancy was appointed. (4) A person appointed pursuant to subsection (3) shall hold office for the remainder period of the term of office of the member who occasioned the vacancy and shall, subject to subsection (1) of this Section, be eligible for reappointment as a member of the Board. (5) A term of office of the Board of any duration arising from an appointment under subsection (3) of this Section shall be regarded as a term of office for the purposes of subsection (1) of this Section.

686. Resignation, removal, disqualification, ineligibility, etc for office of a member of Board. (1) A member of the Board may resign from office by giving notice in writing to the Governor of his or her resignation and the resignation shall take effect on the day on which the Governor receives the notice. (2) The Governor may, at any time, remove a member of the Board from office if the Governor is satisfied that: (a) the member has become incapable through ill-health of performing his or her functions; or (b) for misconduct. (3) A member of the Board shall cease to be qualified for office and shall cease to hold office as such a member if he or she is: (a) convicted on indictment of an offence; or (b) convicted of an offence involving fraud or dishonesty.

687. Powers of the Board. (1) The Board shall have all such powers as are necessary or expedient for the purposes of its functions, including: (a) to direct that a report in writing relating to the relevant person be prepared by such person as it considers appropriate; (b) where it is considering an application for parole or the revocation of a parole order, to assign a legal representative to the relevant person unless the person proposes to engage one; (c) to meet with a relevant person for the purposes of interviewing them or receiving oral submissions from him or her or his or her legal representative; (d) to receive written submissions from a relevant person or the person’s legal representative; (e) where it is considering an application for parole or the revocation of a parole order, to assign a legal representative to the relevant victim where the victim wishes to make submissions to the Board, unless the victim proposes to engage one; (f) to meet with a relevant victim for the purposes of receiving oral submissions from him or her or the person’s legal representative; (g) to receive written submissions from a relevant victim or the person's legal representative; and (h) to apply to the relevant Court for a record of a Court hearing which was held for the purposes of the consideration or imposition by the Court of a sentence on a relevant person. (2) Where the Board directs that a report be prepared pursuant to this section, it shall specify in its direction the matters to be dealt with in the report in respect of the relevant person which matters may include any one or more of the following: (a) details of the sentence imposed on the relevant person and the manner in which it has been served to date; (b) the conduct of the relevant person; (c) in the case of a parole applicant: (i) the risk or likelihood, if the applicant were to be released on parole, of the applicant: (I) committing another criminal offence, (II) failing to comply with conditions attaching to the parole order, or (III) presenting an undue risk to the safety and security of members of the public (including the relevant victim), (ii) the extent to which the person has been rehabilitated and would, if released on parole, be capable of reintegrating into society, or (iii) whether it is appropriate in all the circumstances that such a person be released on parole; and (d) such other matter as the Board may consider necessary to assist it in its consideration of the application for parole or of the variation or revocation of the parole order, as the case may be. (3) A meeting between the Board and a relevant person may be conducted: (a) in such place as the Board considers appropriate, including, where the person is detained in a Custodial Centre, in that Custodial Centre; and (b) by such members of the Board, not fewer than two in number, as the Chairperson may, in his or her discretion, determine. (4) A meeting between the Board and a relevant victim may be conducted: (a) in such place as the Board considers appropriate; and (b) by such members of the Board, not fewer than two in number, as the Chairperson may, in his or her discretion, determine. (5) In this section and in section 688 of this Law, relevant person means: (a) where the Board is considering an application for parole, the parole applicant to whom the application relates; or (b) where the Board is considering the variation of a condition attaching to, or the date of release specified in, a parole order, or the revocation of a parole order, the parolee to whom the order relates.

688. Procedures of the Board. (1) The procedure of the Board in relation to the exercise of its functions shall, subject to the provisions of this Law, be such as shall be determined by the Board, and the Board shall, without prejudice to the generality of the foregoing, make provision for the following: (a) giving the relevant person (within the meaning of section 687 of this Law and the person’s legal representative a copy of any document furnished to the Board by any person other than the relevant person, and an indication in writing of the nature and source of any information relating to the matter which has come to notice in the course of the application or consideration, as the case may be, other than where the Board is of the opinion that exceptional circumstances exist that warrant such a document or indication, as the case may be, not being so given; (b) enabling the relevant person and the person's legal representative to attend a meeting with the Board as provided for under section 687(1)(c) of this Law; (c) enabling the relevant person to present his or her case to the Board in person or through a legal representative; (d) the persons who are required to be notified of any action taken under this Law and the manner in which they are to be so notified, including the notification of the relevant victim of an application for parole, which notification shall include an explanation of the process by which a person is considered by the Board for parole and details of how the victim may participate in that process; (e) enabling the relevant victim to make submissions to the Board, whether in person, through the person’s legal representative, or in writing: (i) where the Board is considering an application for parole or the revocation of a parole order, or (ii) where the Board considers it appropriate, where the Board is considering the variation of a condition attaching to, or the date of release in, a parole order; (f) specifying the time periods within which anything is required to be done under this Law, including the time period within which the Board shall make a determination on an application for parole; (g) specifying conditions, where it considers it appropriate, to which all parolees, or a specified class of parolees, shall be subject; and (h) the keeping of statistical and other records relating to the exercise by it of its functions. (2) The Board shall publish procedures determined by it under this section in such manner as it considers appropriate.

689. Meetings. (1) The Board shall hold it’s meetings as may be necessary for the due performance of its functions but shall meet at least once every quarter. (2) The quorum of a meeting of the Board shall be five members. (3) At a meeting of the Board: (a) the chairperson shall, if present, be chairperson of the meeting; and (b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the members of the Board present shall choose one of their members to act as chairperson of the meeting. (4) Each member of the Board, including the chairperson, present at a meeting of the Board shall have a vote. (5) At a meeting of the Board, a question on which a vote is required shall be determined by a majority of the votes of the members of the Board present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a casting vote. (6) Subject to subsection (2) of this Section, the Board may act notwithstanding one or more vacancies among its members.

690. Liability of the Board. Neither: (a) the Board, a member or former member of the Board; nor (b) the Secretary or a former Secretary; shall be liable in damages in respect of any act done or omitted to be done by it or him or her in the performance, or purported performance, of its or his or her functions under this Law, unless the act or omission concerned was done in bad faith.

691. Secretary of the Board. (1) There shall be a secretary of the Board (in this Law referred to as the Secretary) who, subject to subsections (2) and (3) of this Section, shall: (a) be a State Counsel not lower than the rank of an Assistant Director; and (b) be appointed by the Board on the recommendation of the Attorney-General. (2) The Attorney-General may, before the establishment day, designate a person to be appointed to be the first secretary of the Board. (3) If, immediately before the establishment day, a person stands designated by the Attorney-General under subsection (2) of this Section, that Board shall appoint that person to be the first secretary. (4) The secretary shall hold office for a term of five years and may, at the Board’s discretion with the Attorney-General’s consent, be reappointed for another further periods; provided that the aggregate periods for which the secretary holds office shall not exceed ten years. (5) The secretary shall: (a) implement the policies, procedures and decisions of the Board; (b) manage and control generally the Board’s administration and business; (c) be responsible to the Board for the performance of his or her functions; and (d) perform such other functions (if any) as may be required by the Board to be performed by him or her or as may be authorised under this Law. (6) The secretary may be removed or suspended from office by the Board, with the consent of the Attorney-General, for stated reasons. (7) The secretary shall not be a member of the Board but may, in accordance with procedures determined by the Board, attend meetings of the Board and shall be entitled to speak at and give advice at such meetings. (8) The secretary shall be paid such remuneration and allowance as the Board may from time to time determine. (9) If the secretary: (a) dies, resigns, becomes disqualified for or is removed from office; or (b) is for any reason temporarily unable to continue to perform his or her functions; the Board may designate another person as it considers appropriate to perform the functions of the secretary until: (i) in the circumstances mentioned in paragraph (a) of this subsection, a new secretary is appointed in accordance with this section, (ii) in the circumstances mentioned in paragraph (b) of this subsection, the secretary is able to resume the performance of his or her functions, or (iii) the Board decides to revoke or alter a designation made under this subsection.

692. Funding of the Board. (1) There is established for the Board a fund, into which shall be paid: (a) any budgetary allocation to the Board through the Ministry of Justice; (b) such monies as may, from time to time, be provided to the Board by any public, private, or international organisation as a grant, support, or assistance, on terms that are consistent with the Board’s functions; and (c) such other monies as the Board may receive in relation to the exercise of its functions under this Law. (2) The Secretary of the Board shall be the accounting officer for the purpose of controlling and disbursing monies from the Fund established under this section.

693. Financial Report. (1) The Secretary shall submit to the Attorney-General not later than 30th September in each financial year, an estimate of its expenditure and income during the next financial year. (2) The Board shall keep proper accounts and records in respect of each financial year and shall cause its accounts to be audited by the Office of the Auditor-General of the State not later than 2 months from the end of each financial year.

694. Annual Reports. (1) As soon as may be after the end of each year beginning with the year in which the establishment day falls, but not later than 6 months thereafter, the Board shall prepare and submit a report (in this section referred to as the annual report) in writing to the Attorney-General of its activities during that year and not later than one month after such submission, the Attorney-General shall cause copies thereof to be laid before the Committee. (2) Notwithstanding subsection (1) of this Section, if but for this subsection, the first report under this section would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 6 months after the end of that year. (3) The Board shall ensure that, as soon as practicable after copies of the annual report are laid before the Committee, the report is published in such manner as the Board considers appropriate.

695. Parole eligibility date. (1) Every offender that is serving a term of imprisonment of 5 years or more shall be eligible for consideration by the Board for release on parole upon the expiration of the following periods from the date of his or her sentencing: (a) 15 years in the case of an offender serving a sentence of imprisonment for life or such other period as a Court may determine under section 645 of this Law, having regard to the particular circumstances of the case and offender; (b) in the case of a person other than a child offender, one-half of the term of imprisonment or such other period as a Court may determine under section 645 of this Law, having regard to the particular circumstances of the case and offender; (c) in the case of the child offender, one-third of the term of imprisonment or such other period as a Court may determine under section 645 of this Law, having regard to the particular circumstances of the case and offender. (2) Where a person has been sentenced to two or more terms of imprisonment to be served concurrently, the eligibility of the person for parole shall be determined by reference to the longest sentence being served by the person. (3) Where a person has been sentenced to two or more terms of imprisonment, each of determinate length, to be served consecutively, the eligibility of the person for parole shall be determined by reference to the cumulative length of the terms of imprisonment. (4) Where a person has been sentenced to a term of imprisonment for life and one or more terms of imprisonment of determinate length to be served consecutively with the term of imprisonment for life, the person shall be eligible for parole when he or she has served 15 years of the sentence of imprisonment for life. (5) Notwithstanding subsection (1) of this Section, where a person is serving a minimum term of imprisonment imposed under any enactment, they shall not be eligible for parole before the expiry (if any) of such minimum term.

696. Notification by Nigerian Correctional Service of eligibility for parole. (1) The Nigerian Correctional Service shall notify the Board in writing at intervals of not more than one year of the persons serving sentences who: (a) are eligible for parole, whether for the first time or not; or (b) to the knowledge of the Nigerian Correctional Service, shall become so eligible in the period of 18 months following the date of the notification. (2) Where a person is ineligible for parole by virtue of the operation of section 695(2), (3), (4) or (5) of this Law, the Nigerian Correctional Service shall, as soon as practicable after it becomes aware of the person becoming so ineligible to notify the Board in writing. (3) Where a person who became ineligible for parole by virtue of the operation of section 695(2), (3), (4) or (5) of this Law ceases to be so ineligible and is otherwise eligible for parole, the Nigerian Correctional Service shall, as soon as practicable after it becomes aware of the person becoming eligible for parole so notify the Board in writing.

697. Application for parole. (1) Where a person is eligible for parole, or is scheduled to become so eligible, whether for the first time or not, the Board shall notify the person in writing: (a) of the date on which the person became or shall become, as the case may be, so eligible; and (b) that the person may make an application for parole in accordance with subsection (3) of this Section. (2) The Board shall endeavour, insofar as is possible, to notify a person pursuant to subsection (1) of this Section no later than 6 months prior to the date on which the person shall become eligible for parole. (3) A person who is eligible for parole, or a person who is scheduled to become eligible for parole, may notify the Board in writing that the person wishes to be considered by the Board for parole (in the Law referred to as an application for parole). (4) Where a person who is scheduled to become eligible for parole makes an application for parole, the Board shall not consider the person’s release on parole prior to the date on which the person becomes so eligible.

698. Decision on parole. (1) Subject to subsection (3) of this Section, the Board may make an order that the parole applicant be released on parole (in this Law referred to as a parole order), where it is satisfied that: (a) the parole applicant: (i) would not, upon being released, present an undue risk to the safety and security of members of the public (including the relevant victim), and (ii) has been rehabilitated and would, upon being released, be capable of reintegrating into society; and (b) it is appropriate in all the circumstances that the parole applicant be released on parole. (2) The Board must, in deciding whether to make a parole order in respect of a parole applicant, have regard to: (a) the nature and gravity of the offence to which the sentence of imprisonment being served by the parole applicant relates; (b) the sentence of imprisonment concerned and any recommendation of the Court that imposed that sentence in relation thereto; (c) the period of the sentence of imprisonment served by the parole applicant; (d) any offence of which the parole applicant was convicted other than the offence to which the sentence of imprisonment being served by him or her relates; (e) the conduct of the parole applicant: (i) while serving the sentence of imprisonment, or (ii) while previously the subject of a parole order, if any; (f) the risk of the parole applicant committing an offence while on parole; (g) the risk of the parole applicant failing to comply with any conditions attaching to his or her release on parole; (h) any treatment, education or training the parole applicant has undergone, or programmes the parole applicant has participated in, while serving the sentence of imprisonment; (i) any report relating to the parole applicant prepared and furnished to the Board pursuant to a direction in that regard under section 687 of this Law; (j) any meeting with the parole applicant conducted in accordance with the procedures determined under section 688 of this Law; (k) any submissions made by or on behalf of the parole applicant in accordance with procedures determined under section 688 of this Law; (l) any submissions made by or on behalf of the relevant victim in accordance with procedures determined under section 688 of this Law; and (m) any such other matter as the Board considers appropriate. (3) The Board must not make a parole order in respect of a parole applicant where: (a) the release of the parole applicant from a Custodial Centre is prohibited by or under any enactment, whether passed before or after the coming into operation of this section; or (b) the parole applicant has been charged with, or convicted of, an offence and is in custody pursuant to an order of a Court remanding him or her to appear at a future sitting of a Court.

699. Parole order. (1) A parole order shall: (a) be in writing; (b) specify the person to whom it relates; (c) direct that the person shall be released on parole on or before such date as may be specified in the order, which date shall be not more than 18 months from the date of the making of the order; and (d) direct that the release on parole of the person shall be subject to: (i) such conditions, if any, as may be specified in the order, having regard to the circumstances of the case, (ii) such conditions, if any, as are specified in procedures determined under section 688 of this Law and are applicable to the person to whom the order relates or the class of persons to which they belong, and (iii) the condition that the person does not commit an offence while on parole. (2) A parole order shall not include, other than to the extent the Board considers it necessary, any information that identifies, or could identify, a relevant victim or his or her place of residence. (3) A parole order shall have effect: (a) where the person is serving one sentence of imprisonment for a determinate term only: (i) until the sentence of imprisonment expires, (ii) until the order is revoked, or (iii)for as long as the order is not suspended under section 704(3) of this Law, (b) where the person is serving two or more sentences of imprisonment, each of a determinate term, to be served concurrently: (i) until the longest sentence of imprisonment being served by the person expires, (ii) until the order is revoked, or (iii) for as long as the order is not suspended under section 704(3) of this Law, (c) where the person is serving two or more sentences of imprisonment, each of a determinate term, to be served consecutively: (i) until the sentence of imprisonment last served by the person expires, (ii) until the order is revoked, or (iii) for as long as the order is not suspended under section 704(3) of this Law; and (d) where the person is serving a sentence of imprisonment for life, until the order is revoked or for as long as it is not suspended under section 704 (3) of this Law. (4) Without prejudice to the generality of subsection (1)(d)(i) of this Section, a parole order may specify that the release of the person to whom it relates on parole shall be subject to any one or more of the following conditions: (a) that the person submits to supervision by the Nigerian Non-Custodial Service; (b) that the person resides or remains in a particular community or place in the State; (c) that the person refrains from attending at such premises or other place as the order may specify; and (d) that the person refrains from having any contact with such person or persons as the order may specify. (5) A person released on parole pursuant to a parole order must comply with any conditions to which his or her release is made subject. (6) Where the Board makes a parole order, it shall, as soon as practicable after making the order: (a) provide a copy of the order to: (i) the parole applicant to whom it relates, (ii) the officer that oversees the Custodial Centre in which the parole applicant is detained, (iii) the State Controller of Corrections, (iv) the officer that oversees the Nigerian Non-Custodial Service in the State, and (v) the Commissioner of Police; (b) notify the Attorney-General in writing of the making of the order, and (c) where it considers it appropriate, notify the relevant victim in writing of the making of the order and of any conditions attaching to such release which relate to the victim.

700. Refusal of application for parole. (1) A decision of the Board to refuse an application for parole shall: (a) be in writing; (b) specify a date, not later than two years after the date of making the decision, on which the person to whom the decision relates shall become eligible again for parole; (c) include reasons for the decision; and (d) not include any information that identifies, or could identify, a relevant victim or his or her place of residence. (2) Where the Board refuses an application for parole, it shall, as soon as practicable after making the decision: (a) provide a copy of the order to: (i) the parole applicant to whom it relates, (ii) the officer that oversees the Custodial Centre in which the parole applicant is detained, (iii) the State Controller of Corrections; and (b) where it considers it appropriate, notify the relevant victim in writing of the making of the decision.

701. Variation of parole order. (1) The Board may at any time, of its own motion or on application in that behalf by a person specified in subsection (2) of this Section, vary: (a) a condition attaching to a parole order, whether by the alteration, addition or revocation of a condition; or (b) where the parolee has not yet been released on parole, the date specified in the parole order by which the person shall be so released. (2) An application to revoke a parole order under subsection (1) of this Section may be made by or on behalf of: (a) the parolee; (b) the Non-Custodial Unit of the Nigerian Correctional Service; (c) the Attorney-General; (d) the Commissioner of Police; or (e) such other person as the Board considers appropriate. (3) A decision of the Board in respect of the variation of a condition attaching to a parole or of a date for release specified in a parole order, as the case may be, shall: (a) be in writing; (b) include reasons for the decision; and (c) not include, other than to the extent the Board considers it necessary, any information that identifies, or could identify, a relevant victim or his or her place of residence. (4) Where the Board varies a condition attaching to a parole order: (a) the variation shall take effect from a date to be specified in the decision so varying; and (b) the variation shall have effect from that date as a condition of the parole order to which it is attached. (5) Where the Board varies a date for release specified in a parole order, the date as so varied shall be deemed to be the date specified in the order in accordance with section 699(1)(c) of this Law as the date on or before which the person shall be released on parole. (6) The Board shall, as soon as practicable after making a decision in relation to the variation of a condition attaching to a parole order of the date of release specified in a parole order, as the case may be, under this section: (a) provide a copy of the order to: (i) the parolee, (ii) the State Controller of Corrections, (iii) the officer that oversees the Custodial Centre in which the parole applicant is detained, (iv) the officer that oversees the Non-Custodial Unit of the Nigerian Correctional Service in the State, and (v) the Commissioner of Police; (b) notify the Attorney-General in writing of the making of the order; and where it considers it appropriate, notify the relevant victim in writing of the making of the decision and of any condition so varied of relevance to him or her or the date of release so varied, as the case may be.

702. Specification of condition attaching to parole order. (1) Where the Board specifies a condition to which all parolees, or a specified class of parolees, shall be subject pursuant to procedures determined in accordance with section 688(1)(e)(i) of this Law the Board shall, as soon as practicable after so specifying the condition: (a) notify in writing the Attorney-General and each parolee who shall be subject to the condition so specified, of: (i) the condition specified, and (ii) the date on which the condition shall take effect; (b) where it considers it appropriate, notify the relevant victim of each such parolee in writing of any condition so specified of relevance to him or her and the date on which the condition shall take effect; and (c) notify in writing the persons specified in subsection (2) of this Section of: (i) the condition so specified, (ii) the date on which the condition shall take effect, and (iii) the parolees who shall be subject to the condition. (2) The Board shall notify the following persons in accordance with subsection (1)(c) of this Section: (a) the State Controller of Corrections; (b) the officer that oversees the Non-Custodial Unit of the Nigerian Correctional Service in the State; and (c) the Commissioner of Police. (3) A condition to which all parolees, or a specified class of parolees, shall be subject that is specified by the Board pursuant to procedures determined in accordance with section 688(1)(e)(i) of this Law shall: (a) take effect, for each parolee to whom it relates, from the date specified in the notification given to that parolee pursuant to subsection (1)(a) of this Section, and (b) have effect from that date as a condition attaching to the parole order relating to the parolee.

703. Revocation of parole order. (1) The Board may at any time, of its own motion or on application in that behalf by a person specified in subsection (2) of this Section, revoke a parole order where it is satisfied that: (a) the parolee who is the subject of the order: (i) poses an undue rise to the safety and security of the public, or (ii) has breached a condition attaching to the order; and (b) the revocation of the order is justified by the gravity of the risk or breach of the condition, as the case may be. (2) An application to revoke a parole order under subsection (1) of this Section may be made by or on behalf of: (a) the Non-Custodial Unit of the Nigerian Correctional Service; (b) the Attorney-General; (c) the Commissioner of Police; or (d) such other person as the Board considers appropriate. (3) The Board must, in considering whether to revoke a parole order, have regard to such matters as it considers appropriate, including: (a) the circumstance giving rise to the consideration of the revocation; (b) any report relating to the parole applicant prepared and furnished to the Board pursuant to a direction in that regard under section 687 of this Law; (c) any meeting with the parole applicant conducted in accordance with the procedures determined under section 688 of this Law; (d) any submissions made by or on behalf of the parole applicant in accordance with procedures determined under section 688 of this Law; and (e) any submissions made by or on behalf of the relevant victim in accordance with procedures determined under section 688 of this Law. (4) The Board may, where it is considering the revocation of a parole order and is not satisfied of the matters specified in subsection (1)(a) and (b) of this Section, vary a condition attaching to the parole order or the date of release specified in the order and the provisions of section 701 (3) to (6) of this Law shall apply to the variation with all necessary modifications. (5) A decision of the Board in respect of the revocation of a parole order shall: (a) be in writing; (b) where the Board decides to revoke the parole order, specify: (i) the time and date at which the revocation shall take effect, (ii) where the person to whom the decision relates is not detained in prison, the time and date at which, and the place to which, the person is to return to prison, and (iii) a date, not later than 2 years after the date of the making of the decision, on which the person shall become eligible again for parole; (c) include reasons for the decision; and (d) not include, other than to the extent the Board considers it necessary, any information that identifies, or could identify, a relevant victim or his or her place of residence. (6) The Board shall, as soon as practicable after making a decision in relation to the revocation of a parole order: (a) provide a copy of the order to: (i) the parolee, (ii) the State Controller of Corrections, (iii) the officer that oversees the Non-Custodial Unit of the Nigerian Correctional Service in the State, and (iv) the Commissioner of Police; (b) notify the Attorney-General and, where it considers it appropriate, the relevant victim, in writing of the making of the decision. (7) Where the Board decides under this section to revoke a parole order which has been suspended pursuant to section 704(3) of this Law, the suspension of the parole order shall continue to have effect until the time and date specified in the decision of the Board at which the revocation shall take effect pursuant to subsection (5)(b)(i) of this Section. (8) Where the Board decides under this section not to revoke a parole order which has been suspended pursuant to section 704(3) of this Law, the suspension of the parole order shall cease to have effect.

704. Persons unlawfully at large. (1) A person who, by reason of having been released on parole, is at large shall be deemed to be unlawfully at large if: (a) a condition to which the person’s release was made subject has been broken; or (b) the person’s parole order is revoked and he or she fails to return to the place specified, at the time and date specified, in the decision so revoking pursuant to section 703(b)(ii) of this Law. (2) A person who is unlawfully at large shall be guilty of an offence under this section and on conviction thereof shall be liable to imprisonment for a term not exceeding 6 months. (3) Where, by reason of the breach of a condition to which a person’s release on parole was made subject, the person is deemed to be unlawfully at large and is arrested under section 705 of this Law, the parole order pursuant to which the person was released shall thereupon stand suspended pending a decision of the Board under section 703 of this Law as to whether the parole order should be revoked. (4) The currency of the sentence of a person who is unlawfully at large for any period shall be suspended in respect of the whole of that period.

705. Arrest of person unlawfully at large. A law enforcement officer may arrest without warrant a person whom the officer suspects to be unlawfully at large and may take such person to the place in which he or she is required to be lawfully detained.

706. Consideration of revocation of parole order of a person unlawfully at large. (1) Where a person has been arrested under section 705, the Nigerian Correctional Service shall notify the Board of the person's arrest as soon as practicable thereafter. (2) Where the Board is notified under subsection (1) of this Section of a person's arrest, the Board shall, as soon as practicable thereafter, consider whether the parole order relating to the person should be revoked under section 703 of this Law.

707. Procedure in appeals from lower Court to High Court. (1) Notwithstanding anything to the contrary in any other enactment providing the procedure for appeals in criminal matters from a lower Court to the High Court, the provisions of this Part shall apply to all appeals in criminal matters from a lower Court to the High Court. (2) The defendant may appeal a decision of a lower Court to the High Court. (3) The prosecutor may appeal a decision of a lower Court to the High Court where the lower Court: (a) acquits the defendant, or (b) dismisses the charge against the defendant. (4) An appeal shall be commenced by the appellant giving to the registrar of the Court below: (a) notice of the appeal which may be verbal or in writing, and (b) if the appellant gives a verbal notice: (i) the registrar must immediately reduce the verbal notice into writing, and (ii) ensure that the appellant (or the person's legal practitioner) signs the written notice referred to in subparagraph (i) of this paragraph; (c) if the appellant gives a written notice, section 709 of this Law shall apply. (5) The appellant must give the notice of appeal no later than 30 days after the day on which the Court makes its decision. (6) Where an appellant gives a verbal notice of appeal: (a) at the time the Court delivers its decision (or pronounces a decision); and (b) before the other party (the respondent) or the legal practitioner representing him or her has left the Court; the Court must record the verbal notice of appeal in the respondent?s (or the person?s legal practitioner?s) presence, and a written notice of appeal is not necessary after the Court records the verbal notice. (7) Where the appellant submits a written notice of appeal, he or she must submit as many copies of the notice as there are parties to be served, and additional copies for the Court as the Court directs.

708. Copy of proceedings and judgment to be furnished on payment or, in cases, free of charge. (1) When: (a) the appellant gives a written or verbal notice of appeal, and (b) the appellant: (i) pays the sum the Court assesses as necessary to provide the appellant with sufficient certified true copies of the proceedings and judgment, and (ii) makes the payment under subparagraph (i) of this s paragraph not later than 14 days after the day on which the appellant gave the notice of appeal; the Court shall provide the appellant with the said copies. (2) Notwithstanding subsection (1) of this section, where the Court is satisfied that the appellant is impoverished, and is, therefore, unable to pay the sum the Court assesses as necessary to provide the appellant with sufficient certified true copies of the proceedings and judgment, the Court may direct: (a) the appellant’s payment of a lower specified sum; or (b) the Court’s provision of the certified true copies of the proceedings and judgment to the appellant free of charge. (3) Where the Court makes a direction under subsection (2)(b) of this section, the date on which Court made the direction shall be deemed to be the day on which the appellant made the deposit for the purpose of subsection (1) of this Section. (4) A notice of appeal shall be in the prescribed Form.

709. Content of notice of appeal. (1) Where the appellant files a written notice of appeal, the notice must be signed by the appellant or his or her legal practitioner and set out the grounds of the appellant’s appeal. (2) In the notice referred to in subsection (1) of this Section, the appellant shall set out in separate grounds of appeal, each error, omission, irregularity, or other matter on which the appellant relies, or of which the appellant complains, with sufficient particulars to notify the respondent of the nature of the appeal. (3) Without prejudice to the generality of subsection (1) of this section, the notice of appeal may include all or any of the following grounds: (a) that the lower Court has no jurisdiction in the case; (b) that the lower Court has exceeded its jurisdiction in the case; (c) that the decision has been obtained by fraud; (d) that the case has already been heard or tried and decided by, or forms the subject of, a hearing or trial pending in a competent Court; (e) that admissible evidence has been rejected, or inadmissible evidence has been admitted by the lower Court and that, in the latter case, there is insufficient admissible evidence to sustain the decision after rejecting the inadmissible evidence; (f) that the decision is unreasonable or that the evidence does not support it; (g) that the decision is erroneous in point of law; (h) that some other specific illegality, not mentioned in the preceding paragraphs, and substantially affecting the merits of the case, has been committed during the proceedings in the case; or (i) that the sentence passed on conviction is excessive or inadequate unless the sentence is one fixed by law. (4) If the appellant relies on the ground of appeal mentioned in subsection (3)(d) of this Section, the appellant must state the name of the Court and, if it is alleged that a decision has been made, the date of the decision. (5) If the appellant relies on the ground of appeal mentioned in subsection (3)(g) of this Section, the appellant must clearly describe the error of law and, where the appellant relies on the ground of appeal mentioned in subsection (3)(h) of this Section, clearly describe the illegality in respect of which the appellant complains.

710. Appeal does not affect sentence in certain circumstances. A lower Court's sentence shall take effect despite an appeal, unless: (a) a warrant has been issued under section 476 of this Law when no sale of property shall take place until the sentence has been confirmed or the appeal decided; or (b) a competent Court has made an order to release the appellant on bail pending any further proceedings, during which the time for computing the appellant’s sentence shall be excluded.

711. Appellate court should not interfere with sentence in certain circumstances. In exercising its appellate jurisdiction, a High Court shall not interfere with the lower Court’s finding or sentence, or another order of the lower Court, only on the ground that: (a) evidence has been wrongly admitted; or (b) that there has been a technical irregularity in the lower Court’s procedure; unless the High Court is satisfied that a failure of justice has been occasioned by such admission or irregularity.

712. Giving security to prosecute appeal. (1) Unless the appellant remains in custody under section 721 of this Law, the appellant must, no later than 30 days after the day on which the Court makes its decision: (a) enter a recognisance in the prescribed form (with or without one or more surety as the lower Court may require) in such sum as the lower Court may specify; and (b) the appellant may deposit the specified sum in the lower Court in place of his or her provision of the surety or sureties (as the case may be). (2) The recognisance requirement under subsection (1)(a) of this section is intended to secure the appeal’s due prosecution (including all costs of the appeal), and for abiding with the appeal’s outcome. (3) In estimating the sum stated in subsection (1)(b) of this Section, the lower Court must consider: (a) the amount of any fine imposed on the appellant; (b) the sum, if any, awarded to the respondent; (c) the cost of the trial in the lower Court; and (d) if the appellant has been sentenced to imprisonment without the option of a fine, the imprisonment term; provided that, in each case, the lower Court must not require a sum that exceeds N100,000.00 (One Hundred Thousand Naira) to cover the cost of the appeal in the High Court. (4) If the appellant breaches the recognisance, the appellant shall forfeit the deposit, if any, and the deposit shall be applied to discharging the condition of the recognisance. (5) Where: (a) the lower Court sentences the appellant to imprisonment; and (b) the appellant provides the security required under this section; the lower Court shall release the appellant on bail, provided that where the appellant is imprisoned for a felony (as defined in section 2(1) of this Law), the lower Court shall have discretion on whether to release the appellant on bail or not. (6) If the lower Court refuses an application for the release of the appellant on bail: (a) the appellant may submit a bail application to the High Court; and (b) the High Court may either: (i) refuse the application, or (ii) grant the application on such conditions as it thinks fit. (7) If the appellant: (a) is in custody; but (b) is not within the district of the lower Court from whose decision the appeal arises (referred to in this subsection as the trial Court); any lower Court of the district in which the appellant is in custody shall have the powers and functions of the trial Court in this section.

713. Procedure when appellant defaults in prosecuting appeal. (1) If the appellant fails to prosecute his or her appeal diligently (referred to in this section as the defaulting appellant), the lower Court shall either: (a) treat the recognisance as forfeited and apply it in accordance with the provisions of this Law relating to forfeited recognisances; or (b) make such order as may be just considering the amount deposited by the appellant. (2) If the defaulting appellant: (a) has been released on bail under section 712 of this Law; and (b) becomes or remains liable to be committed to custody; the lower Court or the High Court must immediately issue a warrant for the appellant’s arrest and committal to a Custodial Centre.

714. When surety is not found, or money is not deposited. (1) Where the lower Court sentences a person to imprisonment without the option of a fine and the person is unable to find the required number of sureties or deposit money in place of providing the required number of sureties, the person may, nevertheless, prosecute his or her appeal if he or she: (a) enters a recognisance without a surety, conditioned on the payment of the costs of the appeal, and (b) remains in custody pending the hearing of the appeal. (2) Where subsection (1) of this Section applies: (a) the lower Court shall, by warrant under the hand of the presiding official: (i) direct the person’s detention in a Custodial Centre, and (ii) in the same warrant, inform the Superintendent in Charge of the Custodial Centre that the person has submitted a notice of appeal; and (b) the appellant shall: (i) be detained in the Custodial Centre pending the determination of his or her appeal, and (ii) be taken to the High Court by one or more police officers and/or officials of the Nigeria Correctional Service to attend the appeal, without the requirement for a fresh order or warrant. (3) Notwithstanding anything in this section, an appellant may, at any time before the hearing of his or her appeal: (a) enter a recognisance in the form and subject to the conditions in section 716 of this Law, after which (b) the appellant shall be released on bail in accordance with this Law unless he or she is in custody for any other charge or matter. (4) Where the High Court hearing an appeal confirms the appellant’s conviction, it must include any period of the appellant’s custody in the term for which the appellant has been sentenced.

715. Abatement on appeal. Every criminal appeal shall abate on the appellant’s death.

716. Payment of fees. Subject to the provisions of this Law, the fees prescribed under this Law shall be paid in any proceeding before a Court.

717. Suspension of payment of fees. A Court may, where it deems it prudent to do so: (a) suspend the payment of any fee until the conclusion of the proceedings; and (b) direct a party in the proceedings to pay those fees as costs, or remit payment of the fees.

718. State not required to pay fees. The provisions of this Law relating to fees and to the giving of security shall not apply to the State or to a public officer acting in his or her official capacity.

719. Cost orders. (1) In this section: "costs order" means an order under subsection (2) of this Section; "procedural failure" means a failure, or refusal, to comply with a requirement imposed by or under this Law or any rules of Court or regulations made under it; "prosecution": (a) means any proceedings commenced by the filing of a charging document; but (b) does not include an appeal. (2) A Court may order the defendant, the defendant’s legal practitioner, or the prosecutor to pay a sum in respect of any procedural failure by that person in the course of criminal proceedings if the Court is satisfied that the failure is significant and there is no reasonable excuse for that failure. (3) The sum must be no more than is just and reasonable in the light of the costs incurred by the Court, victims, witnesses, and any other person. (4) A costs order may be made on the Court’s own motion, or on application by the defendant, the defendant’s lawyer, or the prosecutor. (5) Before making a costs order, the Court must give the person against whom it is to be made a reasonable opportunity to be heard. (6) A costs order may be made even if the defendant has not yet been convicted, or is eventually discharged, or the charge is dismissed. (7) The Court may make more than one costs order against the same person during the same prosecution. (8) The Court may order that some or all of the amount ordered to be paid under a costs order be paid to any person connected with the prosecution.

720. Witnesses' expenses. (1) The Court may order any party at whose instance a witness appears at the Court to pay the costs and expenses of that witness, in accordance with regulations made under this Law. (2) An order under this section may be enforced in the same manner as a fine.

721. Proceedings not to be questioned for want of form. No charge, information, summons, conviction, sentence, order, bond, warrant, or other document, and no process or proceeding may be dismissed, set aside, or held invalid by any Court by reason only of any defect, irregularity, omission, or want of form unless the Court is satisfied that there has been a miscarriage of justice.

722. Rules and guidelines. (1) The power to make rules of Court under section 274 of the Constitution of the Federal Republic of Nigeria 1999 (as altered) and section 55 of the High Court Law includes the power to make rules regulating the practice and procedure of Courts in the exercise of jurisdiction conferred by this Law. (2) Without limiting the generality of subsection (1) of this Section, rules made in accordance with that subsection may: (a) prescribe the manner in which applications and notices or notifications may be made or given (including whether orally or in writing), and the manner in which they may be responded to; (b) prescribe the manner in which a charge, information, application, notice, and other documents are to be filed; (c) prescribe the manner in which a charge, information, summons, warrant, application, notice, and other documents are to be authenticated (including by signature or any other means); (d) prescribe the manner in which summons, warrants, notices, and other documents are to be issued by a Court, a Registrar, or any other person; (e) prescribe information that must be contained in a charge, information, summons, warrant, application, notice, and other documents to be filed, made, or given; (f) prescribe forms for a charge, information, summons, warrant, application, notice, and other documents, or other requirements relating to the form or presentation of documents; (g) prescribe other information that may be required in connection with proceedings to which this Law applies and any requirements relating to the form and presentation of that information; (h) require the service of any summons, application, or other document; (i) prescribe who has responsibility for serving any summons, application, or other document; (j) prescribe who may, on behalf of a person responsible under the Law or by rules as described in paragraph (i) of this subsection, serve any summons, application, notice, or other document; (k) prescribe the procedure for the service of summonses, notices, and other documents; (l) prescribe the manner of proving service; (m) prescribe requirements relating to the custody of documents, exhibits, and other things connected with proceedings to which this Law applies; (n) prescribe periods, or minimum or maximum periods, within which, or times or stages in the proceedings before or after which, steps required or permitted by the Law or the rules must, or must not, be taken; (o) prescribe circumstances in which a judicial officer may grant leave for applications or any other matter to be made or done later than a time prescribed in the rules; (p) impose duties on Registrars, and prescribe the manner in which Registrars must carry out any action for the purposes of this Law; (q) prescribe procedures relating to the delivery of judgments and other decisions in proceedings to which this Law applies; (r) prescribe the manner in which proceedings are to be transferred between Courts; and (s) provide for any other matters in respect of which rules are contemplated by this Law. (3) Without limiting the generality of subsection (1) of this Section, rules made in accordance with that subsection may provide for the use of electronic technology in relation to any matter described in subsection (2) of this Section. (4) The Attorney-General may: (a) issue guidelines for the conduct of public prosecutions; and (b) provide general advice and guidance to agencies and private legal practitioners that conduct public prosecutions under a Law of the State, on the conduct of those prosecutions.

723. Use of forms in Schedules. Subject to the express provisions, if any, of any rules made under this Law, the forms and precedents contained in the Schedules to this Law may, in accordance with any instructions contained in the forms, and with such variations as the circumstances of the particular case may require, be used in the cases to which they apply.

724. Permanent Court record. (1) Courts conducting criminal proceedings must continue to maintain a permanent Court record of the formal steps in those proceedings. (2) Courts must maintain the permanent Court record in accordance with rules of Court. (3) The permanent Court record is, subject to the power of the Court to amend it, conclusive evidence of the matters recorded in it.

725. Proceedings commenced before commencement of this Law. (1) This section applies to proceedings: (a) commenced before the commencement date; and (b) not finally determined (including hearing and rehearing, retrial or appeal) before the commencement date. (2) Subject to section 726 of this Law and to the other provisions of this subpart, the proceeding must continue in accordance with the law as it was before the commencement date.

726. Proceedings commenced after commencement of this Law. (1) This section applies to any proceeding for an offence that is sought to be commenced on or after the commencement date. (2) Subject to any express provision to the contrary in this or any other Law, the proceeding must, whether the offence was committed before or after that date, be commenced and dealt with under the law as it is after the commencement date.

727. Absconding defendants. (1) This section applies if: (a) proceedings were commenced before, on, or after the commencement date the defendant absconded; and (b) the defendant is not located until more than 6 months after the commencement date. (2) The proceeding must be conducted in accordance with the law as it was after the commencement date.

728. No proceeding is invalid if wrongly conducted in accordance with the repealed law. No proceeding is invalid only because it was conducted under the law as it was before the commencement date when it ought, in accordance with any provision of this subpart, to have been conducted in accordance with the law as it is after the commencement date.

729. General Transitional and Saving Provision. (1) Subject to the provisions of this Law, any authority, body, committee , council created or anything done under the repealed Law, shall not be invalidated by the repeal but shall have effect as if done under this Law. (2) Where a document refers expressly or by implication to any provision(s) in the repealed Law, the reference shall (except where the context otherwise requires) be construed as a reference to the corresponding provision of this Law. (3) Where any period of time specified in the repealed Law is current at the commencement of this Law, and there is a corresponding provision in this Law, this Law shall have effect as if that corresponding provision had been in force when that period began to run.

730. Repeal. The Administration of Criminal Justice Law 2016 is hereby repealed.