'National procedures re enforcement of sentences imposed' in document 'Kiribati - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
POWERS OF COURTS

Sentences which High Court may pass
6. The High Court may pass any sentence authorised by law.

Sentences which magistrates’ court may pass
7. A magistrates’ court may, in the cases in which such sentences are authorised by law, pass the following sentences -

(a) imprisonment for a term not exceeding 5 years; or

(b) a fine not exceeding $500; or

(c) both such imprisonment and such fine.

Combination of sentences
8. (1) Any court may pass any lawful sentence combining any of the sentences which it is authorised by law to pass.

(2) In determining the extent of the court's jurisdiction under section 7 to pass a sentence of imprisonment the court shall be deemed to have jurisdiction to pass the full sentence of imprisonment provided in the said section in addition to any term of imprisonment which may be awarded in default of payment of a fine, costs or compensation.

Sentences in cases of conviction of several offences at one trial
9. (1) When a person is convicted at one trial of 2 or more cases of distinct offences the court may sentence him, for such offences, to the several punishments prescribed therefor which such court is competent to impose; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.

(2) In the case of consecutive sentences it shall not be necessary for a magistrates' court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to impose on conviction of a single offence, to send the offender for trial before a higher court:

Provided that the aggregate punishment shall not exceed twice the amount of punishment which such magistrates' court is competent to impose in the exercise of its ordinary jurisdiction.

(3) For the purposes of appeal or confirmation the aggregate of consecutive sentences imposed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.