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
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS
Commencement of sentence passed in absence of accused
192. Any sentence passed under section 186 or 190 shall be deemed to commence from the date of apprehension, and the person effecting such apprehension shall endorse the date thereof on the back of the warrant of commitment.
PROVISIONS AS TO CERTAIN LEGAL PROCEEDINGS
Reduction of sentence and custody of protected persons
8. (1) It shall be lawful or the Minister, in any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, to direct that there shall be deducted from that term a period not exceeding the period not exceeding the period, if any, during which that person was in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), before the sentence began, or is deemed to have begun, to run.
(2) It shall be lawful for the Minister, in a case where he is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), for an aggregate period of not less than 3 months, to direct that the prisoner shall be –
(a) transferred from that custody to the custody of an officer of the disciplined forces of Kiribati and thereafter remain in custody of that force at a camp or place in which protected prisoners of war are detained; and
(b) brought before the court at the time appointed by the remand or committal order.
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.