Singapore legislation

Section 224

of Criminal Procedure Code

Section 224

Provisions as to sentence of fine

Where any fine is imposed under the authority of any law for the time being in force then, in the absence of any express provision relating to the fine in such law, the following provisions shall apply:

(a)

where no sum is expressed to which the fine may extend, the amount to which the offender is liable is unlimited but shall not be excessive;

(b)

in every case of an offence in which the offender is sentenced to pay a fine the court passing the sentence may, at any time before the fine has been paid in full in its discretion, do all or any of the following things:

(i)

allow time for the payment of the fine and grant extensions of the time so allowed;

(ii)

direct payment of the fine to be made by instalments:Provided that before allowing time for payment of a fine or directing payment of a fine to be made by instalments the court may require the offender to execute a bond with or without sureties conditioned upon payment of the fine or of the instalments, as the case may be, on the day or days directed and in the event of the fine or any instalment not being paid as ordered the whole of the fine remaining unpaid shall become due and payable and the court may issue a warrant for the arrest of the offender;

(iii)

issue a warrant for the levy of the amount by distress and sale of any property belonging to the offender; [Form 40.](iv)direct that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of a sentence;

(v)

direct that the person be searched, and that any money found on him when so searched or which, in the event of his being committed to prison, may be found on him when taken to prison, shall be applied towards the payment of such fine, the surplus, if any, being returned to him:Provided that the money shall not be so applied if the court is satisfied that the money does not belong to the person on whom it was found;

(c)

the term for which the court directs the offender to be imprisoned in default of payment of a fine shall be as follows:

(i)

if the offence is punishable with imprisonment for any term exceeding 6 months it shall not exceed one half of the term of imprisonment which is the maximum fixed for the offence;

(ii)

if the offence is punishable with imprisonment for any term not exceeding 6 months it shall not exceed the term of imprisonment which is the maximum fixed for the offence;

(iii)

if the offence is not punishable with imprisonment it shall not exceed the following scale:

(A)

when the fine does not exceed $50 the imprisonment in default of payment may be for any term not exceeding 2 months;

(B)

when the fine exceeds $50 but does not exceed $100, for any term not exceeding 4 months;

(C)

in any other case for any term not exceeding 6 months;

(d)

the imprisonment which the court imposes in default of payment of a fine may be additional to a sentence of imprisonment for the maximum term awardable by the court under section 11 provided that the aggregate punishment of imprisonment passed on an offender at one trial shall not exceed the limits prescribed by section 17;

(e)

the imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;

(f)

if before the expiration of the time of imprisonment fixed in default of payment such a proportion of the fine is paid or levied that the time of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate;

(g)

the fine or any part thereof which remains unpaid may be levied at any time within 6 years after the passing of the sentence and, if under the sentence the offender is liable to imprisonment for a longer period than 6 years, then at any time previous to the expiration of that period, and the death of the offender does not discharge from the liability any property which would after his death be legally liable for his debts. [223