CHAPTER 34
SENTENCE
Nature of punishments
307. (1) Subject to this Act or any other law, including the common law, the following sentences may be imposed on a person convicted of an offence :
(a) Imprisonment, including -
(i) life imprisonment ; and
(ii) in the circumstances prescribed by section 309(3), life imprisonment with or without the prospect of parole or probation or remission of sentence ;
CHAPTER 34
SENTENCE
Minimum sentences for certain serious offences
309. (2) A sentence of life imprisonment may be imposed by the High Court only and, except where otherwise expressly provided by any other law, only in the case of a conviction for an offence mentioned in, and in the circumstances prescribed by, subsection (3).
(3) Notwithstanding anything to the contrary in any other law contained but subject to subsections (5) and (7), the High Court, including where a matter has been referred under section 133(1) to the High Court for sentence, must in respect of a person who has been convicted of -
(a) treason -
(i) when committed in any of the circumstances contemplated in Part I of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 25 years ;
(b) murder -
(i) when committed in any of the circumstances contemplated in Part I of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 20 years ;
(c) rape, other than rape under a statute -
(i) when committed in any of the circumstances contemplated in Part I of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 15 years.
(d) robbery -
(i) when committed in any of the circumstances contemplated in Part I
of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I or II of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 15 years.
Punishment of grave breaches of Conventions and Protocol I
2. (4) (a) in the case where the offence involves the willful killing of a person protected by the relevant Convention or by Protocol I, to imprisonment for life;
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.