CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART II
Types of Punishments

SUB-PART B – IMPRISONMENT

Places of Detention other than Correctional Facilities Detention in approved places
1134.— (1) Where a person is liable to be sentenced to imprisonment, the Court may, if any suitable place provided and certified in the manner stated in subsection (3) is available for the purpose, order that the person be detained in such a place for such period not exceeding fourteen days as the Court thinks fit, and a copy or an extract of the order shall be a sufficient authority for his or her detention in that place in accordance with the tenor of the order.

(2) The expenses in respect of the maintenance of persons detained under this section may be defrayed in like manner as the expenses for the maintenance of inmates in a correctional facility.

(3) The Cabinet may certify any police cells or other places to be suitable places for the detention of persons sentenced to detention under this section, and may give directions or make regulations for the inspection of such places, the treatment of persons detained there, and generally for giving effect to this section.

(4) A place certified under subsection (3) for the detention of persons shall not be used for the detention of females unless provision is made for their supervision by female officers or persons.

(5) The period of detention under subsection (1) may be extended, upon application, by the Court for a further period not exceeding four-teen days.

(6) The provisions of subsections (3) and (4) are not in derogation of the provisions of the Correctional Services Act, 2003.

CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART II
Types of Punishments

SUB-PART I
Fines, Forfeitures, Compensation Etc

Appropriation of fines and other money to use of State
1187. Subject to the provisions of this Code or any other enactment, every fine recovered in the Court in respect of a contravention of any of the provisions of any enactment, and also the proceeds of any seizure or forfeiture made or incurred subject to the process of the Court, shall be paid into the Treasury for the use of the State.


Power to sell or dispose of non-pecuniary forfeitures
1188. Subject to the express provisions of any enactment, all forfeitures not of a pecuniary nature which are incurred in respect of an offence triable by the Court, or which may be enforced by the Court, may be sold or disposed of in such a manner as the Court may direct, and the proceeds of such sale shall be applied in the same manner as if the proceeds were a fine imposed under the enactment on which the proceeding for the forfeiture is founded.


Levy as in civil actions on conviction for defamation
1189. When any person is convicted of the unlawful publication of any defamatory matter the prosecutor may elect to levy the fine, if any, and costs out of any property of the offender in like manner as in civil actions, in which case all further criminal proceedings in execution or recovery or otherwise in respect of the fine and costs, if any, shall cease, and a registration of a certificate of the proceedings in such case shall have the same effect as the registration of a judgment in a civil case.


General Powers as to Payments of Money Alternative powers in general
1190.— (1) The Court by whose order any sum of money is adjudged to be paid may exercise all or any of the following powers, namely —
(a) allow reasonable time for payment of the sum;
(b) direct payment of the sum to be made by reasonable installments;
(c) direct that the person liable to pay the sum may give, to the satisfaction of the Court security, with or without a surety or sureties, for the payment of the sum or of any installment thereof, and such security may be given and enforced in the manner provided in subsection (2);
(d) order a garnishee of the person’s income;
(e) use any other power which the Court thinks fit to ensure payment of the sum adjudged.

(2) Where the Court directs that the sum be paid by installments, if the person liable to make such payments defaults in the payment of any one installment, the same proceedings may be taken for recovery of the whole sum as if he or she is in default of payment of all the installments then remaining unpaid.

Extension of time for payment of adjudged sum
1191. Where time has been allowed by the Court for the payment of the sum adjudged to be paid by the offender on an application by or on behalf of the offender the Court shall allow further time for the payment of the sum by installments.


Periodical payments through office of Court or specified person
1192.— (1) Where a Court orders money to be paid periodically by one person to another, the Court may, if it thinks fit, order that the payment shall be made through an officer of the Court or any other person or officer specified in the order.

(2) An order made for the periodical payment of money may, upon cause being shown upon fresh evidence to the satisfaction of the Court, be revoked, revived, or varied by a subsequent order of the Court.

(3) Any order made by the Court under this section, shall be subject to such directions as to remuneration to be paid to any officer or person as well as any fund from which remuneration may be paid, or to such other directions as may be given by the Court.

(4) The provisions of this section are in addition to and not in derogation of the provisions of any enactment relating to affiliation or bastardy or otherwise.


Postponement of issue of warrant of commitment for non-payment
1193. Where an application is made to the Court to issue a warrant for committing a person to a correctional facility for non-payment of money adjudged to be paid by an order, the Court may, if it deems it expedient so to do, postpone the issue of such warrant until such time and on such conditions, if any, as the Court may consider just.


Searching person ordered to pay money
1194.— (1) Where a person has been adjudged to pay a sum —
(a) by a conviction of a Court, or
(b) in proceedings in any Court for enforcing an order in any matter of bastardy, or an order under which weekly sums are made payable towards the maintenance of a wife, the Court may order him or her to be searched and any money found on him or her, or which may be found on him or her when taken to the correctional facility in default of payment of the sum adjudged to be paid by him or her, may, if the Court so directs, be applied towards the payment of such sum, and the balance, if any, shall be returned to him or her.

(2) Any money found on the person shall not be applied in the manner stated in subsection (1) if the Court is satisfied that the money does not belong to the person, or that the forfeiture of the money will be more injurious to his or her family than his or her imprisonment or for other sufficient cause.


Fine or penalty may not be less than minimum
1195. Subject to the provisions of this Code or any other enactment relating to any offence, a Court may not sentence the person convicted before it of an offence punishable by penalty or fine, to any less penalty or fine than the mandatory minimum penalty or fine prescribed by this Code, or such other enactment for such offence.


Fines in Indictable Cases Additional fines in indictable cases
1196.— (1) Where a person is convicted of any indictable offence, the Court may, in its discretion, sentence him or her to a fine in addition to any other punishment to which he or she is sentenced.

(2) Where the amount of such fine is not expressly limited, the amount of fine to which the person may be sentenced shall be in the discretion of the Court, but shall not exceed two thousand dollars.

(3) Where a person convicted of any indictable offence is sentenced to pay a fine, the Court may direct that, if he or she fails to pay the fine at the time appointed for the payment he or she shall be liable to imprisonment until the fine is paid.

(4) Any imprisonment imposed under subsection (3) shall be in addition to any imprisonment, if any, to which the person is sentenced for the offence, and shall not in any case exceed twelve months.


Substitutional fines in indictable cases
1197.— (1) In the case of any indictable offence punishable with imprisonment, the Court may substitute a fine and impose in default of payment of the fine imprisonment not exceeding the term of imprisonment which may otherwise be imposed as a punishment for the offence.

(2) Subject to the provisions of any enactment, such fine shall not exceed eight thousand dollars.


High Court to fine or commit for contempt
1198. If any person commits any contempt of Court before the Judge sitting in Court or in chambers, it shall be lawful for the Judge to punish the person in a summary manner by a fine not exceeding five hundred dollars, or by commitment to the correctional facility for any period not exceeding three months.


Imprisonment for non-payment of fine, etc.
1199.— (1) The Commissioner of Police shall, without further war¬rant or authority, arrest and detain in custody in the correctional facility any person upon whom, at any criminal sittings of the High Court any fine has been imposed by the Court, or by whom any forfeiture has been incurred and who has been adjudged to pay such forfeiture by the Court, until the fine or forfeiture has been paid and satisfied, together with all costs and expenses in consequence of such arrest and detention.

(2) No such imprisonment shall exceed twelve months in duration, and the Judge may, at any time, order the discharge of any such inmate.

(3) The return of the Commissioner of Police or the correctional officer to any writ of habeas corpus of an arrest or detention under any judgment or order of the Court for non-payment of any fine or forfeiture imposed or incurred, shall be deemed sufficient in law, if it contains or has attached to it a certificate by the Registrar, setting forth the judgment or order by virtue of which such arrest or detention was made.


Fines in Summary Cases


Fixing amount of fine
1200. In fixing the amount of a fine, a Court of summary jurisdiction shall take into consideration, among other things, the means of the person on whom the fine is imposed so far as they appear or are known to the Court.


Restrictions on power to impose imprisonment on conviction
1201.— (1) A District Court on adjudging a person to pay a sum of money upon a conviction shall, subject to subsection (2) allow him or her at least seven days to pay the sum or the first installment of the sum if he or she is to pay by installments.

(2) If the offender fails to pay the sum at the time of his or her conviction and —
(a) when asked by the Court whether he or she wishes to have time for payment does not ask for time;
(b) he or she fails to satisfy the Court that he or she has a fixed abode; or
(c) there is some other special circumstance appearing to the Court to justify his or her immediate committal;
the Court may issue a warrant of commitment under this Sub-Part and if it does so shall state in the warrant the reasons for not allowing the offender time to pay.


Scale of imprisonment for non-payment of sums adjudged
1202. Subject in every case to the provisions of the enactment under which any order is made, the term of imprisonment, which a Court may impose in respect of the non-payment of any sum of money ad-judged to be paid by any such order, shall be such as, in the opinion of the Court, will satisfy the justice of the case and shall be in accordance with the following scale, that is to say —
Where the sum of money The period shall not ad
judged to be paid by an order — exceed —
does not exceed $250 1 month
exceeds $250 but does not exceed $500 2 months
exceeds $500 but does not
exceed $600 3 months
exceeds $600 6 months


Warrant to arrest person etc. about to leave State
1203.— (1) If upon the oath of any credible witness it appears to the Judge, or Magistrate that any person who has been allowed time for the payment of any penalty, or who has been directed to pay any penalty by installments, is about to leave the State, the Judge or Magistrate may issue a warrant to arrest and bring the person before him or her.

(2) The Judge or Magistrate may, unless the person satisfies him or her that he or she does not intend to leave the State, rescind so much of the order as allows time for payment or for payment by installments, and issue such warrant of commitment or other process as might have been issued at the hearing but for the order allowing time for payment or payment by installments.

CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART II
Types of Punishments

SUB-PART I
Fines, Forfeitures, Compensation Etc

Costs and Compensation

Procedure to determine compensation or liability
1204. For the purpose of determining the amount of compensation or the liability of an offender the Court may refer to the proceedings and evidence at the trial or hear further evidence either upon affidavit or orally.


Compensation and costs where several persons are convicted
1205. When several persons join in the commission of the same offence, and upon conviction each of them is adjudged to pay a penalty including the value of the property or the amount of the injury done, no further sum shall be paid to the person aggrieved than such amount or value and costs, if any, and the remainder of the penalties imposed shall be applied in the same manner as other penalties are directed to be applied.


Recovery of amount of costs or compensation
1206.— (1) The sum allowed for costs, or costs and compensation, shall, in every case, be specified in the order or order of dismissal, and shall be recoverable in the same manner as any fine or sum of money adjudged to be paid by such order is recoverable.

(2) Where there is no fine or sum of money to be recovered by the order, such costs, or costs and compensation, shall be recoverable in the same manner as any fine or sum of money adjudged to be paid by an order of the Court is recoverable, as the Court may direct.


Effect of satisfaction or compensation
1207. Where any person who is injured by any offence punishable under this Code, or under any other enactment, receives compensation for such injury under the order of the Court, or where the offender, having been ordered to make such compensation, suffers imprisonment for non-payment of such compensation, the receipt of such compensation or the undergoing of such imprisonment, as the case may be, shall be a bar to any action for the same injury.


Saving of right of civil action
1208. Except as otherwise provided in section 1207 nothing, in this Code shall bar the action of any person in respect of any injury sustained by him or her or his or her property.


Referring claimant to civil remedy
1209. In all cases the Court may at any stage of the proceedings inform the injured party claiming such compensation as to his or her right to civil remedy by civil action.


Order for compensation on conviction for indictable offence
1210. A person who is convicted of an indictable offence may be adjudged by the Court to make compensation to any other person injured by his or her offence, and any sum so adjudged may be recovered by such process, including imprisonment in default of payment, not exceeding twelve months, as directed by the Court.


Order for costs on conviction for indictable offence
1211. Where an accused person is convicted of the offence with which he or she is charged, he or she may be ordered by the Court to pay the costs and expenses of his or her prosecution, and any sum so ad¬judged may be recovered by such process, including imprisonment in default of payment, not exceeding twelve months, as directed by the Court.


Order of costs against private prosecutor on charge of defamation
1212. In the case of prosecution of any person on the complaint of a private prosecutor on a charge of the unlawful publication of a defamatory matter, if the accused is indicted and acquitted, he or she is entitled to recover from the private prosecutor his or her costs of defence, as allowed by the Court, unless the Court otherwise orders, and in such case the provisions of section 1189 shall apply mutatis mutandis.


Order against complainant to pay costs or compensation
1213. Where a complaint is dismissed, the Court may order that the complainant shall pay to the defendant such costs as the Court may consider just and reasonable, and if in the opinion of the Court the complaint was frivolous or vexatious, it may in addition order the complainant to pay to the defendant a reasonable sum as compensation for the inconvenience and expense to which the defendant may have been put by reason of such complaint.


Imprisonment of complainant in default of payment of compensation or costs
1214. Where any complaint is dismissed with costs, or with costs and compensation, if the sum awarded for costs or for costs and compensation, as the case may be, in the order of dismissal, is not paid forth with or within such time as may be specified in the order, the complainant may be committed to a correctional facility for any term not exceeding the term prescribed in relation to a like sum under section 1201 of this Code.


Order against defendant to pay compensation
1215. Any person who is convicted of a summary offence punishable under this Code may be adjudged by the Court to pay compensation, not exceeding five thousand dollars, to any person injured by his or her offence, and any sum so adjudged may be recovered by such process, including imprisonment in default of payment of a fine prescribed in section 1202 of this Code as the Court may direct.


Order for costs against defendant
1216. In every case where an order is made against a defendant, the Court may order that the defendant shall pay to the complainant such costs as the Court may consider just and reasonable.


Imprisonment of defendant for non-payment of costs
1217. Where by any order a sum for costs is adjudged to be paid by the defendant to the complainant, if such sum is not paid forthwith or within such time as may be specified in the order, the defendant may be committed to the correctional facility for any term not exceeding the term prescribed in relation to a like sum under section 1202 of this Code.


Remission of fees
1218.— (1) A Court of summary jurisdiction may on the ground of poverty or for other reasonable cause remit in whole or in part any fee payable in proceedings before the Court.

(2) Where a Court of summary jurisdiction adjudges an offender to pay a fine it shall, if the fine does not exceed five hundred dollars, remit all fees payable by the complainant and direct all fees already paid by him or her to be refunded to him or her, unless in either case there is a special reason for not doing so.


Costs on application for order for periodical payment of money
1219. A Court of summary jurisdiction to which an application is made for an order for the periodical payment of money, or for the variation, revocation, revival, or enforcement of such an order, may make an order for the payment by an applicant or the defendant, or both of them, of the costs of the Court and such reasonable costs of either of the parties as the Court thinks fit.


Return of costs from Treasury in certain cases
1220. Where a defendant is convicted and ordered to be imprisoned, or to repay any fees and costs to the complainant as part of the costs and is imprisoned in default of payment thereof, or where the Magistrate otherwise considers it proper so to do, the Magistrate may, in his or her discretion, direct that the Treasury refund to the complainant the whole or part of the fees and costs paid by the complainant, if in his or her opinion the complainant’s pecuniary position or lack of means renders such refund just and necessary in the circumstances.