In forceAmended2020 Revised Edition

Contents

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 · 2020 Revised Edition · Part 3 · Enforcement, Etc., of Confiscation Orders

17. Application of procedure for enforcing fines

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Amended

Last amended by an amending law of 2021. 4 amendments in all.

(1)

Subject to subsection (4), where a court orders the defendant to pay any amount under section 6 or 7, section 319 of the Criminal Procedure Code 2010 has effect as if —

(a)

that amount were a fine imposed on the defendant by the court; and

(b)

the term for which the court directs the defendant to be imprisoned in default of payment of any amount under section 6 or 7 is as follows:

(i)

if the amount does not exceed $20,000 — imprisonment for a term not exceeding 2 years;

(ii)

if the amount exceeds $20,000 but does not exceed $50,000 — imprisonment for a term not exceeding 5 years;

(iii)

if the amount exceeds $50,000 but does not exceed $100,000 — imprisonment for a term not exceeding 7 years; (iv)if the amount exceeds $100,000 — imprisonment for a term not exceeding 10 years.

(2)

Where —

(a)

a warrant to commit the defendant to prison is issued for a default in payment of an amount ordered to be paid under section 6 or 7 in respect of an offence or offences; and

(b)

at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences,the term of imprisonment to be served in default of payment of the amount must not begin to run until after the term mentioned in paragraph (b).

(3)

A District Court may, despite any other written law, impose the maximum term of imprisonment on the defendant in default of the payment of any amount ordered to be paid under section 6 or 7.

(4)

Where a defendant is convicted of a drug dealing offence or a serious offence (as the case may be) and sentenced to death, any amount which the court orders the defendant to pay under section 6 or 7 may, on an application by the Public Prosecutor to the General Division of the High Court, be realised by the General Division of the High Court exercising the powers conferred by section 22(3) to (7).

(5)

Where a defendant is convicted of a drug dealing offence or a serious offence (as the case may be), any amount which the court orders the defendant to pay under section 6 or 7 and which, in the case of realisable property comprising wholly or partly cash, may be realised by the General Division of the High Court making an enforcement order for attachment of a debt subject to Rules of Court.[14