'Sentencing - national proceedings' in document 'Antigua and Barbuda - Criminal procedure (committal for sentence)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

2. Procedure where accused confess guilt at preliminary enquiry.

(1) Except when the charge is one of treason or murder, if an accused person in any statement referred to in section 56 of the Magistrate's Code of Procedure Act says or admits that he is guilty of the charge, then the Magistrate shall further say to him the words following, or words to the like effect : -

" Do you wish the witnesses again to appear to give "evidence against you at your trial? If you do not, you "will now be committed for sentence instead of being "committed for trial".

If the accused, in answer to such question, states that he does not wish the witnesses again .to appear to give evidence against him, his statement shall be taken down in writing and read to him and shall be signed by the Magistrate and by the accused, if he will, and shall be kept with the depositions of the witnesses.

RELEVANT ROME STATUTE PROVISIONS

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 77
Applicable penalties
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.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.