Kiribati

Penal Code

PART VI
PUNISHMENTS


Imprisonment, to be without hard labour
24. All imprisonment for an offence shall be without hard labour.


Person liable to certain imprisonment may be sentenced to shorter term
25. A person liable to imprisonment for life or any other period may be sentenced for any shorter term:

Provided however that nothing in this section shall apply to any sentence of imprisonment for life required to be imposed by section 47, 48, 63 or 193 (relating to the offences of treason, instigating invasion, piracy and murder).


Fine in addition to, or instead of, imprisonment
26. A person liable to imprisonment for an offence may be is sentenced to pay a fine in addition to or instead of imprisonment:

Provided however that nothing in this section shall apply to any sentence of imprisonment for life required to be imposed by section 47, 48, 63 or 193 (relating to the offences of treason, instigating invasion, piracy and murder).


Concurrent sentences
27. Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence of imprisonment which is passed upon him under the subsequent conviction shall be executed after the expiration of the former sentence, unless the court directs that it shall be executed concurrently with the former sentence or any part thereof:


Provided that it shall not be lawful for a court to direct that a sentence of imprisonment in default of payment of a fine shall be executed concurrently with a former sentence.


Warrants and orders
28. (1) A warrant under the hand of the judge or magistrates' court by whom any person is sentenced to imprisonment, ordering that the sentence be carried out in any prison within the Gilbert Islands, shall be issued by the sentencing judge or magistrates' court, and shall be full authority to the officer in charge of such prison and to all other persons for carrying into effect the sentence described in such warrant.

(2) Except where otherwise provided in this Code or otherwise ordered by the court, every sentence shall be deemed to commence from and to include the whole of the day on which it was pronounced.

(3) Every warrant for the execution of any sentence may be issued either by the judge or magistrates' court passing, sentence or by the successor in office.

(4) The court may at any time amend any defect in substance or in form, in any order or warrant, and no omission or error as to the time and place, and no defect in form in any order or warrant given under this Code, shall be held to render void or unlawful any act done or intended to be done.

Keywords

Enforcement of sentence of imprisonment
Enforcement of national penalties - imprisonment



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