PENALTIES AMENDMENT.
No. 30 of 1911.
1203
No. 30 of 1911.
An Ordinance to abolish minimum penalties, and to bring the law of the Colony as to penalties into uniformity with the law of England.
[28th August, 1913.]
[Originally No. 30 of 1911.
Law Rev. Ord., 1939.1
1. This Ordinance may be cited as the Penalties Amendment Ordinance, 1911.
2. Unless any enactment now in force, or any future enactment, otherwise provides, where a court is empowered to impose
(a) a sentence of imprisonment for life; or
(b) a sentence of imprisonment for any term not exceeding a specified period; or
(c) a fine,
the court may, after conviction of any person of an offence, award a sentence less than for life or less than for the specified period, or less than the fine, specified in the enactment, as the case may be.
3. Where under any enactment now in force, or under any future enactment, a court sentences a person convicted of an offence for which the penalty of imprisonment is provided, the court may, unless such enactment provides that the imprisonment shall be without hard labour, inflict imprisonment with or without hard labour:
Provided that where under this section or under section 2 a sentence of imprisonment is imposed for more than two years, it shall always be with hard labour: Provided further that where any person is sentenced to imprisonment under any existing enactment for not finding sureties, such imprisonment shall be without hard labour.
Power of court to award lesser penalty than that stated.
Imprisonment imposed may be with or without hard labour.
4. Nothing in this Ordinance contained shall be construed as giving to a court the power of inflicting a punishment less than the minimum punishment, if any, provided for offences in certain Ordinances.
1 As amended by Law Rev. Ord., 1939.