BOOK I
GENERAL PROVISIONS

TITLE viii
LAW AS TO PUNISHMENTS

Alternative Discretionary Powers as to Punishments

123. Imposition of alternative punishments.

The court before which a person is convicted of any offence, punishable otherwise than with death, or by a minimum term of imprisonment may, according to the circumstances of the case, substitute for a punishment assigned by this Code a different punishment, as follows —

(1) the court may substitute a fine, which in the case of a summary offence shall not exceed five hundred dollars;

(2) the court may order that, in lieu of or in addition to any other punishment, he enter into his own recognisance, with or without sureties, for keeping the peace and being of good behaviour;

and that, in default of such recognisance or sureties, he be imprisoned, in addition to the term, if any, of imprisonment to which he is sentenced, for any term not exceeding twelve months in the case of a conviction before the Supreme Court, or three months in the case of a conviction before a magistrate’s court, not exceeding in either case the term for which he is liable to be imprisoned for the offence of which he is convicted .

BOOK I
GENERAL PROVISIONS

TITLE viii
LAW AS TO PUNISHMENTS

Alternative Discretionary Powers as to Punishments

124. Power to release offender on probation.

(1) Where a person is convicted of any summary offence or any crime punishable with imprisonment, and the court is of opinion that, having regard to the youth, character or antecedents of the offender, or to the trivial nature of the offence, or to any extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment, or any other than a nominal punishment, or that it is expedient that the offender be released on probation of good conduct, the court may, instead of sentencing him at once to any punishment, direct and order that he be released on his entering into a recognisance with or without surety or sureties, and during such period, not exceeding three years, as the court may direct, to appear for sentence when called upon, and in the meantime to keep the peace and be of good behaviour .

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).