CHAPTER 34
SENTENCE

Imposition and conversion of correctional supervision

308. (1) Punishment may only be imposed under section 307(1)(d) -

(a) after a report of a probation officer or a social worker has been placed before the court; and
(b) for a fixed period not exceeding three years.

(2) (a) A court, whether differently constituted or not, that has imposed a punishment referred to in subsection (1) on a person, may at any time, if it is found from a motivated recommendation by a probation officer or a social worker that that person is not fit to be subject to correctional supervision, reconsider that punishment and impose any other proper punishment.

(b) On receipt of the motivated recommendation referred to in paragraph (a), the registrar or the clerk of the court in question must, after consultation with the prosecutor, set the matter down for a specific date on the roll of the court in question.

(c) The registrar or the clerk of the court in question must for the purposes of the reconsideration of the sentence in accordance with this subsection -
(i) within a reasonable time before the date referred to in paragraph (b),
submit the case record to the judge or magistrate who imposed the sentence or, if he or she is not available, any other judge or magistrate of the same court, together with the motivated recommendation received under that paragraph ; and
(ii) inform the probation officer or social worker in writing of the date for which the matter has been set down for reconsideration of the sentence.

(d) When a court reconsiders a sentence under this subsection, it has the same powers as it would have had if it were considering sentence after conviction of a person, and the procedure adopted at such proceedings applies with the necessary changes during such reconsideration.

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.