ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

Section 454: Conditional release of defendant and payment of compensation for loss or injury and of costs

2015Section 454 of 495Federal Republic of Nigeria

(1) Where a defendant is charged before a court with an offence punishable by law and the court thinks that the charge is proved but is of opinion that having regard to:
(a) the character, antecedents, age, health, or mental condition, of the defendant charged;
(b) the trivial nature of the offence; or
(c)
the extenuating circumstances under which the offence was committed,
it is inexpedient to inflict a punishment or any order than a nominal punishment or that it is expedient to release the defendant on probation, the court may, without proceeding to conviction, make an order specified in subsection (2) of this section.
(2) The court may make an order under subsection (1) of this section:
(a) dismissing the charge; or
(b) discharging the defendant conditionally on his entering into a recognizance, with or without sureties, to be of good behaviour and to appear at any time during such period not exceeding three years as may be specified in the order.
(3) The court may, in addition to an order under subsection (2) of this section, order:
(a) the defendant to pay such damages for injury or compensation for any loss suffered by a person by reason of the conduct or omission of the defendant, and to pay such costs of the proceedings as the court thinks reasonable; and
(b) the parent or guardian of the defendant to pay the damages and costs specified in paragraph (a) of this subsection, where the defendant has not attained the age of 18 years and it appears to the court that the parent or guardian of the defendant has conduced to the commission of the offence.
(4) Where an order under this section is made, the order shall:
(a) for the purpose of reinvesting or restoring stolen property and of enabling the court to make orders as to the restitution or delivery of property to the owner; and
(b) as to the payment of money upon or in connection with such restitution or delivery, shall have the like effect as a conviction.

Cite this section

Section 454, ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 (2015).

https://repo.podus.ai/laws/administration-of-criminal-justice-act-2015/section/454/