CRIMINAL JUSTICE (REFORM) ACT *

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Other punishment in lieu of imprisonment in certain circumstances

   4   Powers of Court in relation to fines

   5   Attendance at day training centres

   6   Suspended sentences

   7   Subsequent offence during operational period

   8   Discovery of further offence

   9   Suspended sentence supervision order

   10   Community service order

   11   Breach of order made under section 10, 12, 13, 14, 15 or 16

   12   Attendance order

   13   Curfew order

   14   Electronic monitoring of curfew orders

   15   Combination orders

   16   Mediation order

   17   Review of sentences by Court of Appeal

   19   Forfeiture of property used for commission of offence

   20   Short sentences of imprisonment

   21   Rules

      SCHEDULES

 

THE CRIMINAL JUSTICE (REFORM) ACT

[Date of Commencement: 1st November, 1978]

Acts
70 of 1978,
6 of 2001,
1 of 2005.

1   Short title

   This Act may be cited as the Criminal Justice (Reform) Act.

2   Interpretation

   In this Act-

   "authorised officer" means a probation officer or such other person as may be specified in the order of the Court;

[6/2001 s 2(b).]

   "Circuit Court" shall be deemed to include the Gun Court;

   "day training centre" means any premises declared by the Minister to be a place at which persons may be required to attend by a probation order made under section 5 or by an attendance order under section 12;

[6/2001 s 2(a).]

   "firearm" and "imitation firearm" have the same meaning as in section 25 of the Firearms Act;

   "sentence of imprisonment" does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;

   "suspended sentence" as respects any offender, means a sentence which is ordered, pursuant to section 6, not to take effect unless the offender commits another offence.

3   Other punishment in lieu of imprisonment in certain circumstances

   (1) Subject to the provisions of subsection (2), where a person who has attained the age of eighteen years is convicted in any Court for any offence, the Court, instead of sentencing such person to imprisonment, shall deal with him in any other manner prescribed by law.

[6/2001 s 3(a); 1/2005 s 7(2)(e).]

   (2) The provisions of subsection (1) shall not apply where-

   (a)   the Court is of the opinion that no other method of dealing with the offender is appropriate; or

   (b)   the offence is murder; or

[1/2005 s 7(2)(a).]

   (c)   [Deleted by Act 6 of 2001 s 3(b).]

   (d)   the person at the time of commission of the offence, was in illegal possession of a weapon referred to in the First Schedule, a firearm or imitation firearm.

[6/2001 s 3(c).]

   (3) Where a Court is of opinion that no other method of dealing with an offender mentioned in subsection (1) is appropriate, and passes a sentence of imprisonment on the offender, the Court shall state the reason for so doing; and for the purpose of determining whether any other method of dealing with any such person is appropriate the Court shall take into account the nature of the offence and shall obtain and consider information relating to the character, home surroundings and physical and mental condition of the offender:

[6/2001 s 4(a).]

   Provided that the Court may, if it thinks fit, instead of sentencing such person to imprisonment, deal with him in any other manner prescribed by law.

[6/2001 s 4(b).]

   (4) Where for the purposes of subsection (1) it is necessary to determine the age of any person the Court shall make due enquiry as to the age of that person, and shall take such evidence as may be forthcoming at the hearing of the case, but an order or judgement of the Court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated to the Court; and the age presumed or declared by the Court to be the age of that person shall, for the purposes of this Act, be deemed to be the true age of that person.

4   Power of Court in relation to fines

   (1) Where a Circuit Court is empowered to impose a sentence of imprisonment (other than where the offence is murder) the Court may, in addition to or in lieu of such sentence of imprisonment, impose a fine and order that in default of payment forthwith of such fine, the person on whom such fine is imposed shall suffer such imprisonment as may be ordered by the Court.

[1/2005 s 7(2)(b).]

   (2) Where any fine has been imposed by a Circuit Court the Court at the time when such fine is imposed or at any time thereafter may-

   (a)   allow time for payment of the fine; or

   (b)   direct that the fine be paid by instalments; or

   (c)   extend the time allowed for the payment of the fine or for the payment of any instalment thereof, and the person liable to pay the fine may be required, if the Court thinks fit, to enter into recognizance with or without surety to the satisfaction of the Court for the due payment thereof.

   (3) Where any fine is directed to be paid by instalments, the person liable to pay the fine shall, on making default in the payment of any instalment thereof, be liable to be imprisoned for such proportion of the full term passed upon him in default of payment of the fine, as the sum remaining unpaid by him bears to the fine imposed upon him.

5   Attendance at day training centres

   (1) Where a Court makes a probation order under section 5 of the Probation of Offenders Act, the Court may, in addition to the requirements specified in section 6 of that Act, and subject to the provisions of this section, include in the probation order a requirement that the probationer shall during the period of such probation attend a day training centre specified in the order.

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