'Determination of sentence - 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 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).