PART VIII
PUNISHMENT - IMPRISONMENT
56. Similar punishment for capital offences whether by verdict or confession.
Any person, indicted for any offence made capital by any statute, shall be liable to the same punishment, whether he be convicted by verdict or confession, and this, as well in the case of accessories as of principals.
PART VIII
PUNISHMENT - IMPRISONMENT
57. Mode of punishment for felony not capital.
If any person be convicted of felony not punishable with death, committed after a previous conviction for felony, such person shall, on subsequent conviction, be imprisoned for any term not exceeding seven years, with or without hard labour, unless some other punishment be directed by any statute for the particular offence, in which case the offender shall be liable to the punishment thereby awarded, and not to any other.
PART VIII
PUNISHMENT - IMPRISONMENT
61. Punishment of felonies less than capital.
Every person convicted of felony, not punishable with death, shall be punished in the manner (if any) prescribed by the statute, or statutes, especially relating to such felony, and every person convicted of any felony, for which no punishment is specially provided, shall be liable to be imprisoned for any term not exceeding seven years.
PART IX
JUDGMENT OF DEATH
67. Judge to report case of any prisoner under sentence of death, and Judge in certain cases may reprieve.
In the case of any prisoner sentenced to the punishment of death, a report of such case shall, without
delay and previously to the sentence being carried into sentence of execution, be made by the judge before whom such prisoner was convicted (or by the Chief Justice, if a report from the judge cannot be obtained) to the Governor-General and, at the time when that report is made, a copy thereof shall be submitted by the judge or, as the case may be, the Chief Justice to the Advisory Committee on the Prorogative of Mercy established by the Constitution ; and if the judge or, as the case may be, the Chief Justice thinks such prisoner ought to be recommended for the exercise of the Royal mercy, or if from the non-decision of any point of law reserved in the case, or from any other causes, it is necessary to delay the execution, he, or any other Judge of the same Court, or who might have held, or sat in, such Court, may, from time to time, either in term, or in vacation, reprieve such offender for such period, or periods, beyond the time fixed for the execution of sentence, as may be necessary for the consideration of the case by the Crown.
4. Limitation on institution of proceedings.
Proceedings for an offence of genocide shall not be instituted except by or with the consent of the Director of Public Prosecutions.
CHAPTER V EXECUTIVE POWERS
PART 1 GENERAL
POWER OF PARDON.
84.-
1. The Governor-General may, in Her Majesty's name and on Her Majesty's behalf-
a. grant to any person convicted of any offence against any law a pardon, either free or subject to lawful conditions;
b. grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence;
c. substitute a less severe form of punishment for that imposed by any sentence for such an offence; or
d. remit the whole or any part of any sentence passed for such an offence or any penalty or forfeiture otherwise due to Her Majesty on account of such an offence.
2. The powers of the Governor-General under subsection (1) of this section shall be exercised by him in accordance with the advice of a Minister designated by him acting in accordance with the advice of the Prime Minister.
CHAPTER V EXECUTIVE POWERS
PART 1 GENERAL
FUNCTIONS OF ADVISORY COMMITTEE.
86.-
1. Where an offender has been sentenced to death by any court for an offence against any law, the Minister shall cause a written report of the case from the trial judge (or the Chief Justice, if a report from the trial judge cannot be obtained) together with such other information derived from the record of the case or elsewhere as the Minister may require, to be taken into consideration at a meeting of the Advisory Committee.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.