PART II
POWERS OF COURTS

Sentences which High Court may pass
6. The High Court may pass any sentence authorised by law.

Sentences which magistrates’ court may pass
7. A magistrates’ court may, in the cases in which such sentences are authorised by law, pass the following sentences -

(a) imprisonment for a term not exceeding 5 years; or

(b) a fine not exceeding $500; or

(c) both such imprisonment and such fine.

Combination of sentences
8. (1) Any court may pass any lawful sentence combining any of the sentences which it is authorised by law to pass.

(2) In determining the extent of the court's jurisdiction under section 7 to pass a sentence of imprisonment the court shall be deemed to have jurisdiction to pass the full sentence of imprisonment provided in the said section in addition to any term of imprisonment which may be awarded in default of payment of a fine, costs or compensation.

Sentences in cases of conviction of several offences at one trial
9. (1) When a person is convicted at one trial of 2 or more cases of distinct offences the court may sentence him, for such offences, to the several punishments prescribed therefor which such court is competent to impose; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.

(2) In the case of consecutive sentences it shall not be necessary for a magistrates' court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to impose on conviction of a single offence, to send the offender for trial before a higher court:

Provided that the aggregate punishment shall not exceed twice the amount of punishment which such magistrates' court is competent to impose in the exercise of its ordinary jurisdiction.

(3) For the purposes of appeal or confirmation the aggregate of consecutive sentences imposed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

PART VI
PUNISHMENTS

Imprisonment, to be without hard labour
24. All imprisonment for an offence shall be without hard labour.


Person liable to certain imprisonment may be sentenced to shorter term
25. A person liable to imprisonment for life or any other period may be sentenced for any shorter term:

Provided however that nothing in this section shall apply to any sentence of imprisonment for life required to be imposed by section 47, 48, 63 or 193 (relating to the offences of treason, instigating invasion, piracy and murder).


Fine in addition to, or instead of, imprisonment
26. A person liable to imprisonment for an offence may be is sentenced to pay a fine in addition to or instead of imprisonment:

Provided however that nothing in this section shall apply to any sentence of imprisonment for life required to be imposed by section 47, 48, 63 or 193 (relating to the offences of treason, instigating invasion, piracy and murder).


Concurrent sentences
27. Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence of imprisonment which is passed upon him under the subsequent conviction shall be executed after the expiration of the former sentence, unless the court directs that it shall be executed concurrently with the former sentence or any part thereof:

Provided that it shall not be lawful for a court to direct that a sentence of imprisonment in default of payment of a fine shall be executed concurrently with a former sentence.


Warrants and orders
28. (1) A warrant under the hand of the judge or magistrates' court by whom any person is sentenced to imprisonment, ordering that the sentence be carried out in any prison within the Gilbert Islands, shall be issued by the sentencing judge or magistrates' court, and shall be full authority to the officer in charge of such prison and to all other persons for carrying into effect the sentence described in such warrant.

(2) Except where otherwise provided in this Code or otherwise ordered by the court, every sentence shall be deemed to commence from and to include the whole of the day on which it was pronounced.

(3) Every warrant for the execution of any sentence may be issued either by the judge or magistrates' court passing, sentence or by the successor in office.

(4) The court may at any time amend any defect in substance or in form, in any order or warrant, and no omission or error as to the time and place, and no defect in form in any order or warrant given under this Code, shall be held to render void or unlawful any act done or intended to be done.


Fines
29. Where a fine is imposed under any law, then in the absence of express provisions relating to such fine in such law the following provisions shall apply-

(a) where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive;

(b) where the sum to which the fine may amount is expressed, any lesser fine may be imposed;

(c) in the case of an offence punishable with a fine or a term of imprisonment the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court;

(d) in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with fine only in which the offender is sentenced to a fine the court passing sentence may, in its discretion-

(i) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and also

(ii) issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant:

Provided that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant.


Imprisonment in default of payment of fine
30. (1) The term of imprisonment to which a person may be sentenced by a court in default of payment of a fine shall be such term as in the opinion of the court will satisfy the Justice of the case but shall not exceed the maximum fixed by the following scale-

Amount..........................................................Maximum Period

Not exceeding $2 ....................................................7 days
Exceeding $2 but not exceeding $4 ......................14 days
Exceeding $4 but not exceeding $20 ...................6 weeks
Exceeding $20 but not exceeding $40 .................2 months
Exceeding $40 but not exceeding $50 .................3 months
Exceeding $50 but not exceeding $100 ...............6 months
Exceeding $100 but not exceeding $200 ...........12 months

(2) The imprisonment which is imposed in default of payment of a fine shall terminate whenever the fine is either paid or levied by process of law.