PART I - GENERAL PRINCIPLES
Application
2. (4) Where a court in any trial considers that a charge is proved, but is of the opinion that, having regard to the character, age, health or mental condition of the accused and to the mitigating circumstances in which the offence was committed, it is inexpedient to inflict any punishment, the court may, with¬out proceeding to conviction, make an order dismissing the charge.
(5) Subsection (4) shall not apply in respect of any offence for which but for the factors therein mentioned, a court would impose a custodial punishment of six months or more.
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.