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.