CHAPTER 34
SENTENCE
Minimum period of imprisonment four days
313. No person may be sentenced by a court to imprisonment for a period of less than four days unless the sentence is that the person concerned be detained until the rising of the court.
Periodical imprisonment
314. (1) A court convicting a person of any offence, other than an offence in respect of which any law prescribes a minimum punishment, may, instead of any other punishment, sentence that person to undergo in accordance with the laws relating to prisons, periodical imprisonment for a period of not less than 100 hours and not more than 2 000 hours.
(2) (a) The court that imposes a sentence of periodical imprisonment on a person must cause to be served on that person a notice in writing directing that person to surrender himself or herself on a date and at a time specified in the notice or (if prevented from doing so by circumstances beyond his or her control) as soon as practicable thereafter, to the officer in charge of the place so specified, whether within or outside the area of jurisdiction of the court, for the purpose of undergoing such imprisonment.
(b) The court that tries a person on a charge of contravening subsection (4)(a) must, subject to subsection (5), cause a notice contemplated in paragraph (a) to be served on that person.
(3) A copy of the notice issued under subsection (2) serves as a warrant for the reception into custody of the convicted person by the officer referred to in paragraph (a) of that subsection.
(4) A person who -
(a) without sufficient cause fails to comply with a notice issued under subsection (2) ; or
(b) when surrendering himself or herself for the purpose of undergoing periodical imprisonment, is under the influence of intoxicating liquor or drugs or the like ; or
(c) impersonates or falsely represents himself or herself to be a person who has been directed to surrender himself or herself for the purpose of undergoing periodical imprisonment,
commits an offence and is liable on conviction to imprisonment for a period not exceeding six months.
(5) If, before the expiration of a sentence of periodical imprisonment imposed on a person for an offence, that person is undergoing a punishment of any other form of detention imposed by a court, a magistrate before whom that person is brought, must set aside the unexpired portion of the sentence of periodical imprisonment and, after considering the evidence recorded in respect of that offence, may impose instead of such unexpired portion any punishment within the limits of his or her jurisdiction and of any punishment prescribed by any law as a punishment for that offence.
CHAPTER 34
SENTENCE
Recovery of fine
317. (1) (a) When a person is sentenced to pay a fine without an alternative period of imprisonment, the court passing the sentence may issue a warrant addressed to the sheriff or messenger of the court authorizing him or her to levy, in default of payment by that person of the fine, the amount of the fine by attachment and sale of any movable property belonging to that person.
(b) The amount that may be levied must be sufficient to cover, in addition to the fine, the costs and expenses of the warrant and of the attachment and sale thereunder.
(2) If the proceeds of the sale of the movable property are insufficient to satisfy the amount of the fine and the costs and expenses referred to in subsection (1), the High Court may issue a warrant, or, in the case of a sentence by a magistrate’s court, authorize such magistrate’s court to issue a warrant for the levy against the immovable property of that person of the amount unpaid.
(3) In any case in which an order for the payment of money is made on non-recovery whereof imprisonment may be ordered, and the money is not paid immediately, the court may require the person ordered to make such payment to enter into a bond, with or without sureties as the court considers fit, and in default of his or her doing so, at once pass sentence of imprisonment as if the money had not been recovered.
Court may enforce payment of fine
318. Where a person is sentenced to pay a fine without an alternative period of imprisonment, the court may, without prejudice to any other power under this Act relating to the payment of a fine, enforce payment of the fine, whether as to the whole or any part thereof -
(a) by the seizure of money on the person concerned, but only on proof that no other person has an interest in that money ;
(b) if money is due or is to become due as salary or wages from an employer of the person concerned -
(i) by from time to time ordering that employer to deduct a specified amount from the salary or wages so due and to pay over that amount to the clerk of the court in question ; or
(ii) by ordering that employer to deduct from time to time a specified amount from the salary or wages so due and to pay over that amount to the clerk of the court in question.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.