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.

CHAPTER 34
SENTENCE

Minimum sentences for certain serious offences

309. (2) A sentence of life imprisonment may be imposed by the High Court only and, except where otherwise expressly provided by any other law, only in the case of a conviction for an offence mentioned in, and in the circumstances prescribed by, subsection (3).

(3) Notwithstanding anything to the contrary in any other law contained but subject to subsections (5) and (7), the High Court, including where a matter has been referred under section 133(1) to the High Court for sentence, must in respect of a person who has been convicted of -

(a) treason -
(i) when committed in any of the circumstances contemplated in Part I of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 25 years ;

(b) murder -
(i) when committed in any of the circumstances contemplated in Part I of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 20 years ;

(c) rape, other than rape under a statute -
(i) when committed in any of the circumstances contemplated in Part I of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 15 years.

(d) robbery -
(i) when committed in any of the circumstances contemplated in Part I
of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I or II of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 15 years.