40
CAP. 336
District Court
[1984 Ed.
Appeals. (Cap. 221.)
(2) Notwithstanding the provisions of any enactment in force at the commencement of this Ordinance and notwithstanding that proceedings have not been taken by way of indictment, the Court may impose any penalty and make any order provided by law for or in connexion with any offence of which it has cognizance: (Amended, 21 of 1962, s. 13)
Provided that-
(a) no sentence of imprisonment passed by the Court shall exceed 7 years in respect of one offence and where 2 or more consecutive terms of imprisonment are imposed by the Court under subsection (1), the aggregate of the said terms of imprisonment shall not exceed 7 years; and (Amended, 21 of 1962, s. 13 and 43 of 1973, s. 2)
(b) any term of imprisonment imposed in default of payment of a fine shall not exceed 1 year. (Amended, 25 of 1972, s. 5)
(3) Where the Court has authority to impose imprisonment for any offence, and has not authority to impose a fine therefor, the Court may, if it thinks fit, impose a fine in lieu of imprisonment: (Amended, 21 of 1962, s. 13)
Provided that---
(a) no term of imprisonment imposed in default of payment of a fine shall exceed the term to which the offender would be liable for the offence of which he stands convicted; and (Amended, 25 of 1972, s. 5)
(b) no such term of imprisonment shall in any event exceed 1 year.
(4) The Court may, where it imposes a term of imprisonment on a person in default of payment of a fine, order that it shall not begin to run until the expiration of any other term of imprisonment to which that person has been sentenced, and for this purpose the Court may make a direction under subsection (1) notwithstanding that the aggregate of the terms of imprisonment exceeds the maximum period of 7 years which the Court has power to impose under proviso (a) to subsection (2). (Added, 25 of 1972, s. 5. Amended, 43 of 1973, s. 2)
(5) Where by any enactment the High Court is empowered to impose any punishment upon, or to do any other act or thing in relation to, a person who has been convicted on indictment of an offence, the Court shall, subject to the provisions of this section, have like powers in relation to a person convicted of such offence under the provisions of this Part. (Amended, 21 of 1962, s. 13)
(1 of 1953, s. 31, incorporated)
83. Sections 80 to 83Y inclusive of the Criminal Procedure Ordinance shall apply to criminal proceedings in the Court with such verbal alterations and modifications not affecting the substance thereof as may be necessary to render the same conveniently