Power to fine in certain cases

440A   (Repealed)

440AA   Power to fine

(1)  If a person is convicted on indictment of an offence, the Judge before whom the person is brought for sentencing may, in addition to or instead of imposing any other punishment, impose a fine not exceeding 1,000 penalty units.

(2)  This section does not apply where:

(a)  another provision (other than section 440B) empowers the imposition of a fine for the offence, or

(b)  the offence was committed before the commencement of this section and a sentence of penal servitude or imprisonment is also being imposed for the offence.

(3)  Section 82 of the Justices Act 1902 does not apply to a fine imposed under this section.

(4)  A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the Crown.

440AB   Consideration of accused’s means to pay

In the exercise by a Judge of a discretion to fix the amount of any fine or monetary penalty, the Judge is required to consider:

(a)  such information regarding the means of the defendant as is reasonably and practicably available to the Judge for consideration, and

(b)  such other matters as, in the opinion of the Judge, are relevant to the fixing of that amount.

440AC   Instalments and time for payment

(1)  A Judge imposing a fine or monetary penalty is required to allow time for the payment of the amount of the fine or penalty, unless:

(a)  the Judge is satisfied that the person liable to pay the amount has sufficient means to pay the whole amount immediately, or

(b)  the person requests that no time be allowed for payment, or

(c)  there are, in the opinion of the Judge, special reasons for not allowing any time for payment and the Judge has stated those reasons.

(2)  A Judge imposing a fine or monetary penalty may direct payment of the fine or penalty to be made by instalments.

(3)  The period of time allowed for the payment of an amount or for the payment of instalments must be not less than 21 days, unless:

(a)  the period is a shorter period requested by the person liable to pay the amount, or

(b)  there are, in the opinion of the Judge, special reasons for allowing a shorter period and the Judge has stated those reasons.

(4)  If an amount is directed to be paid by instalments, and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.

(5)  A Judge directing the payment of an amount or of an instalment of an amount may direct payment to be made at such time or times, and in such place or places, and to such person or persons, as the Judge specifies.

440B   Imposition of fine on sentence being deferred or suspended

(1)  Where a person is convicted on indictment of an offence, not being the offence of murder, and the Court defers sentence in accordance with the provisions of this Act and requires the offender to enter into a recognizance conditioned that he be of good behaviour, the Court, may, in addition, impose a fine not exceeding 200 penalty units.

(2)  The Court, when imposing a fine under this section:

(a)  shall direct that the recognizance referred to in subsection (1) be further conditioned on the payment to a specified person, at a specified time or by specified instalments at specified times, of the fine so imposed, and

(b)  may, if he thinks fit, require the offender to give security for the observance of any such direction.

(3)  Unless the Court otherwise directs, the provisions of section 4 of the Fines and Penalties Act 1901 shall not apply to or in respect of a fine imposed under this section.

(4)  Upon the forfeiture of a recognizance entered into under subsection (1) any order made under that subsection for the imposition of a fine shall be vacated and any moneys paid under the order shall be forfeited.