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[F.A.Q.]
Kiribati Consolidated Legislation |
LAWS
OF THE GILBERT
ISLANDS
REVISED
EDITION 1977
CHAPTER 67
ARRANGEMENT OF SECTIONS
PART
I
PRELIMINARY
Section
1.
Short title
2. Saving of certain
laws
PART
II
INTERPRETATION
3. General rule of
construction of Code
4.
Interpretation
PART
III
TERRITORIAL
APPLICATION OF THIS CODE
5. Application of
Code
6. Offences committed partly
within and partly, beyond the jurisdiction
PART
IV
GENERAL RULES AS
TO CRIMINAL RESPONSIBILITY
7. Ignorance of
law
8.
Bona
fide claim of
right
9.
Intention
10. Mistake of
fact
11. Presumption of
sanity
12.
Insanity
13.
Intoxication
14. Immature
age
15. Judicial
officers
16.
Compulsion
17. Defence of person or
property
18. Use of force in effecting
arrest
19. Compulsion by
husband
20. Person not to be punished
twice for same offence
PART
V
PARTIES TO
OFFENCES
21. Principal
offenders
22. Offences committed by
joint offenders in prosecution of common
purpose
23. Counselling another to
commit an offence
PART
VI
PUNISHMENTS
24. Imprisonment to be
without hard labour
25. Person liable
to certain imprisonment may be sentenced to shorter
term
26. Fines in addition to, or
instead of, imprisonment
27.
Concurrent sentences
28. Warrants and
orders
29.
Fines
30. Imprisonment in default of
payment of fine
31.
Distress
32. Suspension of execution
of sentence of imprisonment in default of a
fine
33. Commitment in lieu of
distress
34. Payment after
commitment
35. Security for keeping
the peace
36. Security for coming up
for judgment
37. Residence
orders
38. Discharge of offender
without punishment
39. Offenders under
the age of 16 years
40. Police
supervision
41. General punishment for
misdemeanours
42. Escaped convicts to
serve unexpired sentences when
recaptured
43. Power of court to order
forfeiture, and payment of compensation in certain
cases
44. Suspended sentences of
imprisonment
45. Deferment of
sentence
46. Community service
orders
PART
VII
OFFENCES
AGAINST PUBLIC ORDER AND EXTERNAL TRANQUILLITY
47. Treason by the law of
England
48. Instigating
invasion
49. Concealment of
treason
50. Treasonable
felonies
51. Limitations as to trial
for treason, imprision of treason, or treasonable felonies. At least 2 witnesses
necessary
52. Inciting to
mutiny
53. Aiding soldiers or police
officers in acts of mutiny
54.
Inducing soldiers or police officers to
desert
55. Aiding prisoners of war to
escape
56. Definition of overt
acts
57. Unlawful oaths to commit
certain offences
58. Compulsion how
far a defence
59. Unlawful
drilling
60. Spreading false rumours,
etc.
61. Defamation of foreign
princes
PART
VIII
OFFENCES
AGAINST THE LAW OF NATIONS
62.
Genocide
63. Piracy
PART
IX
SEDITION AND
OTHER OFFENCES AGAINST PUBLIC TRANQUILLITY
64. Interpretation of Part
IX
65. Determination of seditious
intention
66.
Offences
67. Legal
proceedings
68. Suspension of
newspaper
69. Punishment for
disobeying order under section 68
70.
Prohibition of circulation of seditious
publications
71. Duty to deliver up
prohibited publications
72. Search
warrants
73. Discharge of prohibition
order
74.
Forfeiture
75. Power to prohibit
importation of publication
76.
Importation etc. of prohibited
publication
77. Possession of
prohibited publication
78. Delivery up
of prohibited publication
79. Effect
of compliance with, or conviction under, section
78
80. Power to examine
packages
81. Saving of other
powers
82. Challenge to fight a
duel
83. Threatening
violence
84. Assembling for the
purpose of smuggling
PART
X
CORRUPTION AND
THE ABUSE OF OFFICE
85. Official
corruption
86. Extortion by public
officers
87. Public officers receiving
property to show favour
88. Officers
charged with administration of property of a special character or with special
duties
89. False claims by
officials
90. Abuse of
office
91. False certificates by
public officers
92. Unauthorised
administration of oaths
93. False
assumption of authority
94.
Personating public officers
95. Threat
of injury to persons employed in public service
PART
XI
PERJURY AND
FALSE STATEMENTS AND DECLARATIONS
96.
Perjury
97. False statements on oath
made otherwise than in a judicial
proceeding
98. False statements, etc.,
with reference to marriage
99. False
statements, etc., as to births or
deaths
100. False statutory
declarations and other false statements without
oath
101. False declarations, etc., to
obtain registration. etc., for carrying on a
vocation
102. Aiders, abettors,
suborners, etc.
103.
Corroboration
104. Fabricating
evidence
105. Inconsistent or
contradictory statement
106. Proof of
certain proceedings on which perjury is
alleged
107. Forms and ceremonies of
oath immaterial
PART
XII
OTHER OFFENCES
RELATING TO THE ADMINISTRATION OF JUSTICE
108. Deceiving
witnesses
109. Destroying
evidence
110. Conspiracy to defeat
justice and interference with
witnesses
111. Compounding
felonies
112. Compounding penal
actions
113. Advertisements for stolen
property
114. Corruptly taking a
reward
115. Offences relating to
judicial proceedings
PART
XIII
RESCUES AND
ESCAPES AND OBSTRUCTING OFFICERS OF COURT
116.
Rescue
117. Resisting arrest and
escape
118. Aiding prisoners to
escape
119. Removal. etc., of property
under lawful seizure
120. Obstructing
court officers
PART
XIV
MISCELLANEOUS
OFFENCES AGAINST PUBLIC AUTHORITY
121. Frauds and breaches
of trust by persons employed in the public
service
122. False information to
public servant
PART
XV
OFFENCES
RELATING TO RELIGION
123. Insult to religion of
any class
124. Disturbing religious
assemblies
125. Trespassing on burial
places
126. Hindering burial of dead
body, etc.
127. Writing or uttering
words with intent to wound religious feelings
PART
XVI
OFFENCES
AGAINST MORALITY
128. Definition of
rape
129. Punishment of
rape
130.
Attempt
131.
Abduction
132. Abduction of girl under
18 years of age with intent to have sexual
intercourse
133. Indecent assault on
females
134. Defilement of girl under
13 years of age
135. Defilement of a
girl between 13 and 15 years of age, or of idiot or
imbecile
136.
Procuration
137. Procuring, defilement
of woman by threats or fraud or administering
drugs
138. Householder permitting
defilement of girl under 13 years of age on his
premises
139. Householder permitting
defilement of girl under 15 years of age on his
premises
140. Detention with intent or
in a brothel
141. Disposing of minors
under the age of 15 years for immoral
purposes
142. Obtaining minors under
the age of 15 years for immoral
purposes
143. Power of
search
144. Authority of court as to
custody of girls
145. Male person
living on earnings of prostitution or persistently
soliciting
146. Woman for gain,
controlling, etc., prostitution of another
woman
147. Suspicious
premises
148.
Brothels
149. Conspiracy to
defile
150. Attempts to procure
abortion
151. The like by woman with
child
152. Supplying drugs or
instruments to procure abortion
153.
Unnatural offences
154. Attempts to
commit unnatural offences and indecent
assaults
155. Indecent practices
between males
156.
Incest
157. Test of
relationship
158. Sexual intercourse
with certain collaterals
159. Sanction
of Attorney-General
160. Ignorance of
age of female immaterial
161.
Definition of sexual intercourse
PART
XVII
OFFENCES
RELATING TO MARRIAGE
162. Fraudulent pretence
of marriage
163.
Bigamy
164. Marriage ceremony
fraudulently gone through without lawful marriage
PART
XVIII
NUISANCES AND
OTHER MISCELLANEOUS OFFENCES
165. Common
nuisance
166. Traffic in obscene
publications
167. Idle and disorderly,
persons
168. Rogues and
vagabonds
169. Offences in public
ways, etc.
170. Drunk and
incapable
171. Shouting, etc., in town
etc.
172. Polluting or obstructing
watercourses
173. Posting placards,
etc., on walls without consent of
owner
174. Inciting dogs to
attack
175. Wearing of uniform without
authority, prohibited
176. Negligent
act likely to spread infection of disease dangerous to
life
177. Adulteration of food, drink
or drugs intended for sale
178. Sale
of noxious food or drink or adulterated
drugs
179. Fouling
air
180. Offensive
trades
181. Endangering property, with
fire, etc.
182. Criminal
trespass
183. Sorcery
PART
XIX
DEFAMATION
184. Definition of
libel
185. Definition of defamatory
matter
186. Definition of
publication
187. Definition of
unlawful publication
188. Cases in
which publication of defamatory matter is absolutely
privileged
189. Cases in which
publication of defamatory matter is conditionally
privileged
190. Explanation as to good
faith
191. Presumption as to good
faith
PART
XX
MURDER AND
MANSLAUGHTER
192.
Manslaughter
193.
Murder
194. Killing in the course of
another offence
195. Malice
aforethought
196. Persons suffering
from diminished responsibility
197.
Cases in which intentional homicide is reduced to
manslaughter
198.
Provocation
199.
Infanticide
200. Causing death
defined
201. When child deemed to be a
person
202. Limitation as to time of
death
PART
XXI
DUTIES RELATING
TO THE PRESERVATION OF LIFE AND HEALTH
203. Responsibility of
person who has charge of another
204.
Duty of head of family
205. Duty of
masters
206. Duty of person doing
dangerous acts
207. Duty of persons in
charge of dangerous things
PART
XXII
OFFENCES
CONNECTED WITH MURDER AND SUICIDE
208. Attempt to
murder
209. Accessory after the fact
to murder
210. Written threats to
murder
211. Conspiracy to
murder
212. Complicity in another's
suicide
213. Concealing the birth of
children
214. Killing an unborn
child
215. Evidence
PART
XXIII
OFFENCES
ENDANGERING LIFE AND HEALTH
216. Disabling in order to
commit felony or misdemeanour
217.
Stupefying in order to commit felony or
misdemeanour
218. Acts intended to
cause grievous harm or prevent
arrest
219. Preventing escape from
wreck
220. Grievous
harm
221. Attempting to injure by
explosive substances
222. Maliciously
administering poison with intent to
harm
223. Unlawful
wounding
224. Unlawful
poisoning
225. Failure to supply
necessaries
226. Cruelty to
children
227. Surgical
operation
228. Excess of
force
229. Consent
PART
XXIV
CRIMINAL
RECKLESSNESS AND NEGLIGENCE
230. Reckless and
negligent acts
231. Other negligent
acts causing harm
232. Dealing in
poisonous substances in negligent
manner
233. Endangering safety of
person travelling by aircraft, vehicle or
vessel
234. Exhibition of false light,
mark or buoy
235. Conveying person by
water for hire in unsafe or overloaded
vessel
236. Danger or obstruction in
public way or line of navigation
PART
XXV
ASSAULTS
237. Common
assaults
238. Assaults causing actual
bodily harm
239. Assaults on
magistrates and other persons protecting
wreck
240. Assaults punishable with 2
years' imprisonment
PART
XXVI
OFFENCES
AGAINST LIBERTY
241. Definition of
kidnapping and abduction
242.
Punishment for kidnapping
243.
Kidnapping or abducting with intent to confine
person
244. Kidnapping or abducting in
order to subject person to grievous harm, slavery, etc.
245. Wrongfully concealing or keeping
in confinement kidnapped or abducted person
246. Child
stealing
247. Abduction of girls under
15 years
248. Punishment for wrongful
confinement
249. Unlawful compulsory
labour
PART
XXVII
LARCENY,
EMBEZZLEMENT AND CONVERSION
250. Things capable of
being stolen
251. Definition of
theft
252. Stealing and embezzlement
by co-partners, etc.
253. Husband and
wife
254. General punishment for
theft
255. Larceny of
will
256. Larceny of documents of
title and other legal documents
257.
Larceny of electricity
258. Larceny of
minerals
259. Larceny of postal
packets
260. Embezzlement by officer
of post office
261. Definitions
relating to larceny and embezzlement of postal
packets
262. Larceny in
dwelling-house
263. Larceny from
person
264. Larceny from ship, dock,
etc.
265. Larceny by tenant or
lodger
266. Larceny and embezzlement
by clerks or servants
267. Larceny of
cattle
268. Larceny of
dog
269. Larceny of creatures not the
subject of larceny at common law
270.
Larceny of fish
271.
Conversion
PART
XXVIII
STEALING AND
DAMAGING TREES, FIXTURES, ETC.
272. Larceny of
trees
273. Larceny of
fences
274. Larceny of fruit and
vegetables
275. Damaging fixtures,
trees, etc., with intent to steal
PART
XXIX
OTHER OFFENCES
ALLIED TO STEALING
276. Fraudulent
destruction of documents
277.
Fraudulent destruction of documents of
title
278. Fraudulent destruction of
wills
279. Fraudulent destruction of
record, writ, etc.
280. Miners
removing minerals
281. Killing tame
birds, etc.
282. Killing animals with
intent to steal
283. Larceny of or
dredging for oysters
284. Factors
obtaining advances on the property of their
principals
285. Unlawful use of
vehicles
PART
XXX
ROBBERY AND
EXTORTION
286.
Robbery
287. Demanding money, etc.,
with menaces
288. Demanding with
menaces with intent to steal
289.
Threatening to punish with intent to extort
PART
XXXI
BURGLARY,
HOUSEBREAKING AND SIMILAR OFFENCES
290. Definitions of
breaking and entering
291.
Sacrilege
292.
Burglary
293. Housebreaking and
committing felony
294. Housebreaking
with intent to commit felony
295.
Being found by night armed or in possession of housebreaking
implements
296. Forfeiture of
housebreaking instruments
PART
XXXII
FRAUDS BY
TRUSTEES AND PERSONS IN
A
POSITION OF TRUST
AND FALSE ACCOUNTING
297. Conversion by
trustee
298. Director, etc., of any
body corporate or public company wilfully destroying books,
etc.
299. Fraudulent falsification of
accounts
PART
XXXIII
FALSE
PRETENCES
300. Definition of false
pretence
301. False
pretences
302. Obtaining credit by
false pretences
303. Pretending to
tell fortunes
304. Obtaining
registration, etc., by false
pretence
305. False declaration for
passport
PART
XXXIV
RECEIVING
PROPERTY STOLEN OR
UNLAWFULLY
OBTAINED
AND LIKE OFFENCES
306.
Receiving
307. Receiving goods stolen
outside the Gilbert Islands
308. Power
of Minister to notify applied marks for public
stores
309. Tracing possession and
penalty for unlawful possession
310.
Evidence on charge of receiving
311.
Compulsory disclosures not to afford evidence
PART
XXXV
OFFENCES
INVOLVING INJURY TO PROPERTY
312.
Arson
313. Attempts to commit
arson
314. Setting fire to crops and
growing plants
315. Attempting to set
fire to crops, etc.
316. Casting away
vessels
317. Attempts to cast away
vessels
318. Injuring
animals
319. Punishment for malicious
injuries in general and in special
cases
320. Attempts to destroy
property by explosives
321.
Communicating infectious diseases to
animals
322. Removing boundary marks
with intent to defraud
323. Wilful
damage, etc., to survey and boundary
marks
324. Threats to burn,
etc.
PART
XXXVI
FORGERY,
COINING, COUNTERFEITING AND SIMILAR OFFENCES
325. Definitions for
purposes of sections relating to forgery,
etc.
326. Definition of
forgery
327. False
document
328. Intent to
defraud
329. Forgery of certain
documents with intent to defraud
330.
Forgery of certain documents with intent to defraud or
deceive
331. Forging copies of
certificates of records
332. Forging
registers of births, baptisms, marriages, deaths or
burials
333. Making false entry in
copies of register sent to
registrar
334. Forgery of other
documents with intent to defraud or deceive a
misdemeanour
335. Forgery of seals and
dies
336.
Uttering
337. Uttering cancelled or
exhausted documents
338. Demanding
property, on forged documents
339.
Possession of forged documents, seals and
dies
340. Making or having in
possession paper or implements of
forgery
341. Purchasing or having in
possession certain paper before it has been stamped and
issued
342. Falsifying warrants for
money payable under public
authority
343. Procuring execution of
documents by false pretences
344.
Letter written for certain persons to be signed, etc., by
writer
345.
Counterfeiting
346. Gilding,
silvering, filing and altering
347.
Impairing gold or silver coin and unlawful possession of filing.
etc.
348. Uttering and possession with
intent to utter
349. Buying or
selling, etc., counterfeit coin for lower value than its
denomination
350. Importing and
exporting counterfeit coin
351.
Making, possessing and selling medals resembling gold or silver
coin
352. Making, mending and having
possession of coining implements
353.
Breaking up coin suspected to be
counterfeit
354. Evidence of coin
being counterfeit
355. Defacing and
uttering defaced coins
356. Melting
down of currency
357. Mutilating or
defacing currency notes
358. Imitation
of currency
359. Forfeiture of forged
bank notes, currency notes, etc.
PART
XXXVII
PERSONATION
360. Personation in
general
361. Falsely acknowledging
deeds, recognisances, etc.
362.
Personation of a person named in a
certificate
363. Lending, etc.,
certificate for personation
364.
Personation of a person named in a testimonial of
character
365. Lending, etc.,
testimonial for personation
PART
XXXVIII
SECRET
COMMISSIONS AND CORRUPT PRACTICES
366. Interpretation for
purposes of sections dealing with corrupt practices,
etc.
367. Corrupt
practices
368. Secret commission on
Government contracts
369. Presumption
as to corrupt practices
370. Consent
to prosecution
PART
XXXIX
ATTEMPTS
371. Attempt
defined
372. Attempts to commit
offences
373. Punishment of attempts
to commit certain felonies
374.
Soliciting or inciting others to commit offences in the Gilbert Islands or
elsewhere
375. Neglect to prevent
felony
PART
XL
CONSPIRACIES
376. Conspiracy to commit
felony
377. Conspiracy to commit
misdemeanour
378. Other
conspiracies
PART
XLI
ACCESSORIES
AFTER THE FACT
379. Definition of
accessories after the fact
380.
Punishment of accessories after the fact to felonies
--------------------------------------------------------
An
Ordinance to establish a code of criminal law
7 of 1965
10 of 1967
3 of
1968
2 of 1969
10 of 1969
10 of 1970
8 of 1971
L.N. 16/72
3 of
1972
13 of 1972
3 of 1973
6 of 1973
8 of 1973
4 of 1941, s.
36
(Cap. 18 of 1952, s. 36)
3 of 1951, s. 3
(Cap. 24 of 1952, s.
3)
(Cap. 8 of 1973)
7 of 1940
(Cap. 3 of 1952)
1 of 1961
3 of
1968
8 of 1968
(Cap. 9 of 1973)
10 of 1976
26 of
1977
Commencement:
18th October
1965
(L.N.
34/69)
PART
I
PRELIMINARY
Short
title
1.
This Ordinance (hereinafter referred to as this Code) may be cited as the Penal
Code.
Saving of
certain
laws
2.
Except as hereinafter expressly provided nothing in this Code shall
affect-
(a) the liability, trial or punishment of a person for an offence against the common law or against any other law in force in the Gilbert Islands other than this Code; or
(b) the liability of a person to be tried or punished for an offence under the provisions of any law in force in the Islands relating to the Jurisdiction of the High Court in respect of acts done beyond the limits of the Islands; or
(c) the power of any court to punish a person for contempt of such court; or
(d) the liability or trial of a person or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Code; or
(e) any power of Her Majesty, or of the Governor as the representative of Her Majesty, to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed; or
(f) any of the Statutes, Ordinances, Regulations or Articles for the time being in force for the government of Her Majesty's naval, military or air forces, or the police forces of the Islands:
Provided
that if a person does an act which is punishable under this Code and is also
punishable under another Ordinance, Statute
or other law of any of the kinds
mentioned in this section, he shall not be punished for that act both under that
Ordinance, Statute
or law and also under this Code.
PART
II
INTERPRETATION
General
rule of construction of
Code
3.
This Code shall be interpreted in accordance with the Interpretation and General
Clauses Ordinance, and the principles of legal interpretation obtaining in
England, and expressions used in it shall be presumed, so far as is consistent
with their context, and except as may be otherwise expressly provided to be used
with the meaning attaching to them in English criminal
law and shall be
construed in accordance
therewith.
Interpretation
4.
In this Code, unless the context otherwise requires-
"cattle" includes horses, asses, mules, sheep, goats and swine;
"dangerous harm" means harm endangering life;
"document of title to goods" includes any bill of lading, India warrant, dock warrant, warehouse-keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to;
"document of title to lands" includes any deed, map, roll, register, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate or to any interest in or out of any real estate;
"dwelling-house" includes any building or structure or part of a building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house;
"felony" means an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with imprisonment for 3 years or more;
"grievous harm" means any harm which amounts to a maiming or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, membrane or sense;
"harm" means any bodily hurt, disease or disorder whether permanent or temporary;
"judicial proceeding" includes any proceeding had or taken in or before any court, tribunal, commission of inquiry or person, in which evidence may be taken on oath;
"knowingly" used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;
"mail" includes every conveyance by which postal packets are carried, whether it be a vessel, car, coach, cart, horse or any other conveyance, and also a person employed in conveying or delivering postal packets, and also any vessel employed by or under the post office for the transmission of postal packets by contract or otherwise in respect of postal packets transmitted by the vessel;
"mail bag" includes a bag, box, parcel or any other envelope or covering in which postal packets in course of transmission by post are conveyed, whether it does or does not contain any such packet;
"maiming" means the destruction or permanent disabling of any external or internal organ, membrane or sense;
"misdemeanour" means any offence which is not a felony;
"money" includes bank notes, bank drafts, cheques and any other orders, warrants or requests for the payment of money;
"night" or "night-time" means the interval between half-past six o'clock in the evening and half-past six o'clock in the morning of the next succeeding day according to the time adopted for general purposes in the particular locality in question;
"oath" includes affirmation or declaration and "swear" includes affirm or declare;
"offence" is an act, attempt or omission punishable by law;
"officer of the post office" includes the Controller of Postal Services and any person employed in any business of the post office, whether employed by the said Controller or by any person under him or on behalf of the post office;
"Ordinance" includes any Act of the Imperial Parliament having the force of law in the Gilbert Islands;
"person" and "owner" and other like terms, when used with reference to property, include corporations of all kinds and any other association of persons capable of owning property, and also when so used include Her Majesty;
"person employed in the public service" means any person holding any of the following offices or performing the duty thereof' whether as a deputy or otherwise, namely:
(i) any civil office, including the office of Governor, the power of appointing a person to which or of removing from which is vested in Her Majesty or in the Governor; or
(ii) any office to which a person is appointed or nominated by Ordinance or by selection; or
(iii) any civil office, the power of appointing to which or of removing from which is vested in any person or persons holding an office of any kind included in either of the two last preceding paragraphs of this section, or
(iv) any office of arbitrator or umpire in any proceeding or matters submitted to arbitration by order or with the sanction of any court, or in pursuance of any Ordinance;
and the said term further includes-
(i) a magistrate;
(ii) a member of a commission of inquiry appointed under or in pursuance of any Ordinance;
(iii) any person employed to execute any process of a court;
(iv) all persons in the employment of any department of the Government;
(v) a person acting as a minister of religion of whatsoever denomination, in so far as he performs functions in respect of the notification of intending marriage or in respect of the solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect;
(vi) a person in the employ of a local government council;
"possession" (a) "be in possession of" or "have in possession" includes not only having in one's own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to or occupied by oneself or not) for the use or benefit of oneself or of any other person;
(b) if there are 2 or more persons and any 1 or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;
"postal packet" means a letter, post-card, reply post-card, news-paper, book, packet, pattern or sample packet, or parcel, and every packet or article transmissible by post, and includes a cable message and a telegram;
"property" includes any description of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise;
"public" refers not only to all persons within the Islands, but also to the persons inhabiting or using any particular place, or any number of such persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used;
"public place" or" public premises" includes any public way and any buildings, place or conveyance to which. for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings or assembly or as an open court;
"public way" includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;
"publicly" when applied to acts done, means either (a) that they are so done in any public place as to be seen by any person whether such person be or be not in a public place; or (b) that they are so done in any place not being a public place as to be likely to be seen by any person in a public place;
"trustee" means a trustee on some express trust created by some deed, will, or instrument in writing, and includes the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come, and also an executor and administrator, and an official receiver, assignee, liquidator or other like officer acting under any present or future Ordinance relating to joint stock, companies or bankruptcy;
"utter" includes using or dealing with and attempting to use ordeal with and attempting to induce any person to use, deal with or act upon the thing in question;
"valuable security" includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund or debt of any part of Her Majesty's dominions, or any territory which is under Her Majesty's protection or in respect of which a mandate has been accepted by Her Majesty, or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company or society, whether within or without Her Majesty's dominions, or any territory which is under Her Majesty's protection or in respect of which a trusteeship has been accepted by Her Majesty, or to any deposit in any bank, and also includes any scrip, debenture. bill, note, warrant, order or other security for the payment of money, or any authority or request for the payment of money or for the delivery or transfer of goods or chattels, or any accountable receipt, release or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal, and any document of title to lands or goods;
"vessel" includes any ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft;
"wound" means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.
PART
III
TERRITORIAL
APPLICATION OF THIS CODE
Application
of
Code
5.
Subject to the provisions of this Code, this Code shall apply to every place
within the Gilbert Islands or within the territorial
limits
thereof.
Offences
committed partly within and partly beyond the
jurisdiction
6.
When an act which, if wholly done within the jurisdiction of the court, would be
an offence against this Code, is done partly within
and partly beyond the
jurisdiction, every person who within the jurisdiction does or makes any part of
such act may be tried and
punished under this Code in the same manner as if such
act had been done wholly within the jurisdiction.
PART
IV
GENERAL RULES AS
TO CRIMINAL RESPONSIBILITY
Ignorance
of
law
7.
Ignorance of the law does not afford any excuse for any act or omission which
would otherwise constitute an offence unless knowledge
of the law by the
offender is expressly declared to be an element of the
offence.
Bona
fide claim of
right
8.
A person is not criminally responsible in respect of an offence relating to
property, if the act done or omitted to be done by him
with respect to the
property was done in the exercise of an honest claim of right and without
intention to
defraud.
Intention
9.
(1) Subject to the express provisions of this Code relating to negligent acts
and omissions, a person is not criminally responsible
for an act or omission
which occurs independently of the exercise of his will, or for an event which
occurs by accident.
(2) Unless the
intention to cause a particular result is expressly declared to be an element of
the offence constituted, in whole
or part, by an act or omission, the result
intended to be caused by an act or omission is
immaterial.
(3) Unless otherwise
expressly declared, the motive by which a person is induced to do or omit to do
an act or to form an intention
is immaterial so far as regards criminal
responsibility.
Mistake
of
fact
10.
(1) A person who does or omits to do an act under an honest and reasonable, but
mistaken, belief in the existence of any act state
of things is not criminally
responsible for the act or omission to any greater extent than if the real state
of things had been such
as he believed to
exist.
(2) The operation of this
rule maybe excluded by the express or implied provisions of the law relating to
the
subject.
Presumption
of
Sanity
11.
Every person is presumed to be of sound mind, and to have been of sound mind at
any time which comes in question, until the contrary
is
proved.
Insanity
12.
Subject to the express provisions of this Code and of any other law in force a
person shall not be criminally responsible for an
act or omission if at the time
of doing the act or making the omission he is through any disease affecting his
mind incapable of
understanding what he is doing, or of knowing a that he ought
not to do the act or make the
omission:
Provided that a person
may be criminally responsible for an act or omission, although his mind is
affected by disease, if such disease
does not in: fact produce upon his mind one
or other of the effects above mentioned in reference to that act or
omission.
Intoxication
13.
(1) Save as provided in this section intoxication shall not constitute a defence
to any criminal charge.
(2)
Intoxication shall be a defence to any criminal charge if by reason thereof the
person charged at the time of the act or omission
complained of did not know
that such act or omission was wrong or did not know what he was doing
and-
(a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3)
Where the defence under the preceding subsection is established, then in a case
falling under paragraph
(a)
thereof the accused shall be discharged and in a case falling under paragraph
(b)
the provisions of this Code and of the Criminal Procedure Code relating to
insanity shall
apply.
Cap.
17
(4) Intoxication shall be taken
into account for the purpose of determining whether the person charged had
formed any intention, specific
or otherwise, in the absence of which he would
not be guilty of the offence.
(5)
For the purpose of this section "intoxication" shall be deemed to include a
state produced by narcotics or
drugs.
Immature
age
14.
(1) A person under the age of 10 years is not criminally responsible for any act
or omission.
(2) A person under
the age of 14 years is not criminally responsible for an act or omission, unless
it is proved that at the time
of doing the act or making the omission be had
capacity to know that he ought not to do the act or make the
omission.
(3) A male person under
the age of 12 years is presumed to be incapable of having sexual
intercourse.
Judicial
officers
15.
Except as expressly provided by this Code, a judicial officer is not criminally
responsible for anything done or omitted to be done
by him in the exercise of
his judicial functions, although the act done is in excess of his judicial
authority or although he is
bound to do the act omitted to be
done.
Compulsion
16.
A person is not criminally responsible for an offence if it is committed by 2 or
more offenders, and if the act is done or omitted
only because during the whole
of the time in which it is being done or omitted the person is compelled to do
or omit to do the act
by threats on the part of the other offender or offenders
instantly to kill him or do him grievous bodily harm if he refuses, but
threats
of future injury do not excuse any
offence.
Defence
of person or
property
17.
Subject to any express provisions in this Code or any other law in operation in
the Gilbert Islands, criminal responsibility for
the use of force in the defence
of person or property shall be determined according to the principles of English
common law.
Use
of force in effecting
arrest
18.
Where any person is charged with a criminal offence arising out of the lawful
arrest, or attempted arrest, by him of a person who
forcibly resists such arrest
or attempts to evade being arrested, the court shall, in considering whether the
means used were necessary,
or the degree of force used was reasonable, for the
apprehension of such person, have regard to the gravity of the offence which
had
been or was being committed by such person and the circumstances in which such
offence had been or was being committed by such
person.
Compulsion
by
husband
19.
A married woman is not free from criminal responsibility for doing or omitting
to do an act merely because the act or omission takes
place in the presence of
her husband; but on a charge against a wife for any offence other than treason
or murder, it shall be a
good defence to prove that the offence was committed in
the presence of, and under the coercion of, the
husband.
Person
not to be punished twice for same
offence
20.
A person cannot be punished twice either under the provisions of this Code or
under the provisions of any other law for the same
act or omission, except in
the case where the act or omission is such that by means thereof he causes the
death of another person,
in which case he may be convicted of the offence of
which he is guilty by reason of causing such death, notwithstanding that he has
already been convicted of some other offence constituted by the act or
omission.
PART
V
PARTIES TO
OFFENCES
Principal
offenders
21.
(1) When an offence is committed, each of the following persons is deemed to
have taken part in committing the offence and to be
guilty of the offence, and
may be charged with actually committing it, that is to say-
(a) every person who actually does the act or makes the omission which constitutes the offence;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids or abets another person in committing the offence;
(d) any person who counsels or procures any other person to commit the offence.
(2)
In the last mentioned case he may be charged either with committing the offence
or with counselling or procuring its
commission.
(3) A conviction of
counselling or procuring the commission of an offence entails the same
consequences in all respects as a conviction
of committing the
offence.
(4) Any person who
procures another to do or omit to do any act of such a nature that, if he had
himself done the act or made the
omission, the act or omission would have
constituted an offence on his part, is guilty of an offence of the same kind,
and is liable
to the same punishment, as if he had himself done the act or made
the omission; and he may be charged with doing the act or making
the
omission.
Offences
committed by joint offenders in prosecution of common
purpose
22.
When 2 or more persons form a common intention to prosecute an unlawful purpose
in conjunction with one another, and in the prosecution
of such purpose an
offence is committed of such a nature that its commission was a probable
consequence the prosecution of such purpose,
each of them is deemed to have
committed the
offence.
Counselling
another to commit an
offence
23.
When a person counsels another to commit an offence, and an offence is actually
committed after such counsel by the person to whom
it is given, it is immaterial
whether the offence actually committed is the same as that counselled or a
different one, or whether
the offence is committed in the way counselled or in a
different way, provided in either case that the facts constituting the offence
actually committed are a probable consequence of carrying out the
counsel.
In either case the person
who gave the counsel is deemed to have counselled the other person to commit the
offence actually committed
by
him.
If the facts constituting the
offence actually committed are not a probable consequence of carrying out the
counsel, the person who
gave the counsel is not deemed to be
responsible.
PART
VI
PUNISHMENTS
Imprisonment,
to be without hard
labour
24.
All imprisonment for an offence shall be without hard
labour.
Person
liable to certain imprisonment may be sentenced to shorter
term
25.
A person liable to imprisonment for life or any other period may be sentenced
for any shorter term:
Provided
however that nothing in this section shall apply to any sentence of imprisonment
for life required to be imposed by section
47, 48,
63 or
193
(relating to the offences of treason, instigating invasion, piracy and
murder).
Fine
in addition to, or instead of,
imprisonment
26.
A person liable to imprisonment for an offence may be is sentenced to pay a fine
in addition to or instead of
imprisonment:
Provided however
that nothing in this section shall apply to any sentence of imprisonment for
life required to be imposed by section
47, 48,
63 or
193
(relating to the offences of treason, instigating invasion, piracy and
murder).
Concurrent
sentences
27.
Where a person after conviction for an offence is convicted of another offence,
either before sentence is passed upon him under
the first conviction or before
the expiration of that sentence, any sentence of imprisonment which is passed
upon him under the subsequent
conviction shall be executed after the expiration
of the former sentence, unless the court directs that it shall be executed
concurrently
with the former sentence or any part
thereof:
Provided that it shall
not be lawful for a court to direct that a sentence of imprisonment in default
of payment of a fine shall be
executed concurrently with a former
sentence.
Warrants
and
orders
28.
(1) A warrant under the hand of the judge or magistrates' court by whom any
person is sentenced to imprisonment, ordering that the
sentence be carried out
in any prison within the Gilbert Islands, shall be issued by the sentencing
judge or magistrates' court,
and shall be full authority to the officer in
charge of such prison and to all other persons for carrying into effect the
sentence
described in such
warrant.
(2) Except where
otherwise provided in this Code or otherwise ordered by the court, every
sentence shall be deemed to commence from
and to include the whole of the day on
which it was pronounced.
(3) Every
warrant for the execution of any sentence may be issued either by the judge or
magistrates' court passing, sentence or by
the successor in
office.
(4) The court may at any
time amend any defect in substance or in form, in any order or warrant, and no
omission or error as to the
time and place, and no defect in form in any order
or warrant given under this Code, shall be held to render void or unlawful any
act done or intended to be
done.
Fines
29.
Where a fine is imposed under any law, then in the absence of express provisions
relating to such fine in such law the following
provisions shall
apply-
(a) where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive;
(b) where the sum to which the fine may amount is expressed, any lesser fine may be imposed;
(c) in the case of an offence punishable with a fine or a term of imprisonment the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court;
(d) in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with fine only in which the offender is sentenced to a fine the court passing sentence may, in its discretion-
(i) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and also
(ii) issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant:
Provided that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant.
Imprisonment
in default of payment of
fine
30.
(1) The term of imprisonment to which a person may be sentenced by a court in
default of payment of a fine shall be such term as
in the opinion of the court
will satisfy the Justice of the case but shall not exceed the maximum fixed by
the following scale-
Amount..........................................................Maximum Period
Not exceeding $2 ....................................................7 days
Exceeding $2 but not exceeding $4 ......................14 days
Exceeding $4 but not exceeding $20 ...................6 weeks
Exceeding $20 but not exceeding $40 .................2 months
Exceeding $40 but not exceeding $50 .................3 months
Exceeding $50 but not exceeding $100 ...............6 months
Exceeding $100 but not exceeding $200 ...........12 months
(2)
The imprisonment which is imposed in default of payment of a fine shall
terminate whenever the fine is either paid or levied by
process of
law.
Distress
31.
(1) When a court orders money to be paid by an accused person or by a prosecutor
or complainant for fine. Penalty, compensation,
costs, expenses or otherwise,
the money may be levied on his movable and immovable property under warrant. If
he shows sufficient
movable property to satisfy the order his immovable property
shall not be sold.
(2) Such person
may pay or tender to the officer having the execution of the warrant the sum
therein mentioned together with the amount
of the expenses of the distress up to
the time of payment or tender, and thereupon the officer shall cease to execute
the same.
(3) A warrant under this
section may be executed within the territorial limits of the jurisdiction of the
court issuing the same,
and it shall authorise the distress and sale of any
property belonging to such person without such limits when endorsed by a
magistrate
within the territorial limits of whose jurisdiction such property is
found.
(4) Any person claiming to
be entitled to or to have a legal or equitable interest in the whole or part of
any property attached in
execution of a warrant issued under this section may,
at any time prior to the receipt by the court of the proceeds of sale of such
property, give notice in writing to the court of his objection to the attachment
of such property. Such notice shall set out shortly
the nature of the claim
which such person (hereinafter in this section referred to as the objector)
makes to the whole or part of
the property attached, and shall certify the value
of the property claimed by him. Such value shall be deposed to upon affidavit
which shall be filed with the
notice.
(5) Upon receipt of a
valid notice given under subsection (4), the court shall, by an order in
writing, addressed to the officer having
the execution of the warrant, direct
the stay of the execution
proceedings.
(6) Upon the issue of
an order under subsection (5), the court shall by notice in writing, direct the
objector to appear before such
court and establish his claim upon a date to be
specified in the notice.
(7) A
notice shall be served upon the person whose property was, by the warrant issued
under subsection (1), directed to be attached
and, unless the property is to be
applied to the payment of a fine, upon the person entitled to the proceeds of
the sale of such
property. Such notice shall specify the time and place fixed
for the appearance of the objector and shall direct the person upon
whom the
notice is served to appear before the court at the same time and place if he
wishes to be heard upon the hearing of the
objection.
(8) Upon the date fixed
for the hearing of the objection, the court shall investigate the claim, and,
for such purpose, may hear any
evidence which the objector may give or adduce
and any evidence given or adduced by any person served with a notice in
accordance
with subsection
(7).
(9) If, upon investigation of
the claim, the court is satisfied that the property was not, when attached, in
the possession of the
person ordered to pay the money or of some person in trust
for him or in the occupancy of a tenant or other person paying rent to
him, or
that, being in the possession of the person ordered to pay the money at such
time it was so in his possession not on his
own account or as his own property
but on account of or in trust for some other person or partly on his own account
and partly on
account of some other person, the court shall make an order
releasing the property, wholly or to such extent as it thinks fit, from
attachment.
(10) If, upon the date
fixed for his appearance, the objector fails to appear, or if, upon
investigation of the claim in accordance
with subsection (8), the court is of
opinion that the objector has faded to establish his claim, the court shall
order the attachment
and execution to proceed, and shall make such order as to
costs as it deems fit.
(11)
Nothing in this section shall be deemed to deprive a person who has failed to
comply with the requirements of subsection (4)
of the right to take any other
proceedings which, apart from the provisions of this section, may lawfully be
taken by a person claiming
an interest in property attached under a
warrant.
(12) No distress made
under this section shall be deemed unlawful, nor shall any person making the
same be deemed a trespasser, on
account of any defect or want of form in the
summons, conviction, warrant of distress or other proceedings relating
thereto.
Suspension
of execution of sentence of imprisonment in default of a
fine
32.
(1) When a convicted person has been sentenced to fine only and to imprisonment
in default of payment of a fine, and whether or
not a warrant of distress has
been issued under section 31, the court may make an order directing the fine to
be paid on or before
a specified date, not being more than 30 days from the date
of the order, and in the event of the fine not being paid on or before
that date
may, subject to the other provisions of this section, forthwith issue a warrant
of committal. The court may, before making
such order, require the convicted
person to execute a bond, with or without sureties, conditioned for his
appearance before the court
on the specified date if the fine be not in the
meantime paid. Upon the making of an order under this subsection the sentence of
imprisonment shall be deemed to be suspended and the convicted person shall be
released from custody.
(2) In any
case in which an order for the payment of money has been made, on non-recovery
of which imprisonment may be awarded, and
the money is not paid forthwith, the
court may require the person ordered to make such payment to enter into a bond
as prescribed
in subsection (1), and in default of his so doing may at once pass
sentence of imprisonment as if the money had not been
recovered.
(3) The court may in
its discretion direct that any money to which this section applies may be paid
by instalments at such times and
in such amounts as the court may deem fit. but
so nevertheless that in default of payment of any such instalment as aforesaid
the
whole of the amount outstanding shall become and be immediately due and
payable, and all the provisions of this Code applicable to
a sentence of fine
and to imprisonment in default of payment thereof shall apply to the same
accordingly.
(4) A warrant of
commitment to prison in respect of the non-payment of any sum of money by a
person to whom time has been allowed
for payment under subsection (1), or who
has been allowed to pay by instalments under subsection (3), shall not be issued
unless
the court shall first make inquiry as to his means in his
presence:
Provided that a court
may issue such a warrant of commitment without any further inquiry as to means
if it shall have made such inquiry
in the presence of the convicted person at
the time when the fine was imposed or at any subsequent time and the convicted
person
shall not before the expiration of the time for payment have notified the
court of any change in his means or applied to the court
for an extension of
time to pay the fine.
(5) After
making inquiry in accordance with subsection (4), the court may, if it thinks
fit, instead of issuing a warrant of commitment
to prison, make an order
extending the time allowed for payment or varying the amount of the instalments
or the times at which the
instalments were, by the previous order of the court,
directed to be paid, as the case may
be.
(6) For the purpose of
enabling inquiry to be made under subsection (4), the court may issue a summons
to the person ordered to pay
the money to appear before it and, if he does not
appear in obedience to the summons, may issue a warrant for his arrest or,
without
issuing a summons, issue in the first instance a warrant for his
arrest.
Commitment
in lieu of
distress
33.
(1) If the officer having the execution of a warrant of distress reports that he
could find no property or not sufficient property
whereon to levy the money
mentioned in the warrant with expenses, the court may by the same or a
subsequent warrant commit the person
ordered to pay to prison for a time
specified in the warrant, unless the money and all expenses of the distress,
commitment and conveyance
to prison, to be specified in the warrant, are sooner
paid.
(2) When it appears to the
court that distress and sale of property would be ruinous to the person ordered
to pay the money or his
family, or (by his confession or otherwise) that he has
no property whereon the distress may be levied, or other sufficient reason
appears to the court, the court may if it thinks fit, instead of or after
issuing a warrant of distress, commit him to prison for
a time specified in the
warrant, unless the money and all expenses of the commitment and conveyance to
prison, to be specified in
the warrant, are sooner
paid.
(3) The period for which a
person may be committed to prison in default of or in lieu of distress under
this section shall be-
(a) if the person has been sentenced to a term of imprisonment in default of payment of a fine, the period to which he was so sentenced;
(b) in other cases such period as the court considers reasonable subject to the maximum laid down in section 30 (2) relating to fines.
Payment
after
commitment
34.
(1) Any person committed for non-payment may pay the sum mentioned in the
warrant, with the amount of expenses therein authorised
(if any), to the person
in whose custody he is, and that person shall thereupon discharge him if he is
in custody for no other
matter.
(2) If any person
committed to prison for non-payment shall pay any sum in part satisfaction of
the sum adjudged to be paid, the term
of his imprisonment shall be reduced by a
number of days bearing, as nearly as possible the same proportion to the total
number of
days for which such person is committed as the sum so paid bears to
the sum for which he is
liable.
(3) The officer in charge
of a prison in which a person is confined who is desirous of taking advantage of
the provisions of the preceding
subsection shall, on application being made to
him by such prisoner at once take him before a court, and such court shall
certify
the amount by which the term of imprisonment originally awarded is
reduced by such payment in part satisfaction, and shall make such
order as is
required in the
circumstances.
Security
for keeping the
peace
35.
(1) A person convicted of an offence may, instead of or in addition to any
punishment to which he is liable, be ordered to enter
into his own recognisance,
with or without sureties, in such amount as the court thinks fit, conditioned
that he shall keep the peace
and be of good behaviour for a time to be fixed by
the court, not exceeding 2 years, and may be ordered to be imprisoned until such
recognisance, with sureties if so directed, is entered into; but so that the
imprisonment for not entering into the recognisance
shall not extend for a term
longer than 6 months:
Provided
that no order shall be made under this section where the person convicted has
been sentenced to a term of imprisonment of
more than 6
months.
(2) In addition to the
powers conferred by subsection (1) any court shall have power in any trial,
whether or not the complaint be
dismissed, to bind both the complainant and
defendant with or without sureties, to keep the peace and be of good behaviour
for a
period not exceeding 1 year and may order any person so bound in default
of compliance with the order, to be imprisoned for 3 months
or until such
earlier time as he so
complies:
Provided that a
defendant who has been sentenced to more than 6 months' imprisonment shall not
be bound over under this
subsection:
And provided further
that a complainant shall not be bound over under the powers contained in this
subsection unless he shall have
been given an opportunity to address the court
personally or by an advocate as to why he should not be bound
over.
(3) Sections 111, 112 and
114 of the Criminal Procedure Code shall apply mutatis mutandis to recognisances
taken under this
section.
Security
for coming up for
judgement
36.
(1) In any case in which a person is convicted before any court of any offence,
if it appears to the court before which he is convicted
that having regard to
the circumstances including the nature of the offence and the character of the
accused it is expedient to release
the offender on probation, the court may,
instead of sentencing him at once to any punishment, direct that he be released
on his
entering into a bond, with or without sureties, and during such period
(not exceeding 2 years) as the court may direct, to appear
and receive sentence
when called upon and in the meantime to keep the peace and be of good
behaviour.
(2) If at any time the
court which convicted the offender is satisfied that the offender has failed to
observe any of the conditions
of his recognisance, it may issue a warrant for
his apprehension.
(3) An offender
when apprehended on any such warrant shall be brought forthwith before the court
by which the warrant was issued and
such court may either remand him in custody
until the case is heard or admit him to bail with a sufficient surety
conditioned for
his appearing for sentence. Such court may, after hearing the
case, pass sentence.
(4) Where an
order under subsection (1) is made by a court, the order shall, for the purpose
of revesting or restoring stolen property
and for the purpose of enabling the
court to make any order under sections 155 and 156 of the Criminal Procedure
Code, have Cap.
17 the like effect as a
conviction.
(5) Sections 111, 112
and 114 of the Criminal Procedure Code Cap. 17 shall apply
mutatis
mutandis to recognisances taken under
this
section.
Residence
orders
37.
(1) Where any person is liable to imprisonment for an offence the High Court or
a magistrates' court may, in addition to or instead
of any penalty imposed in
respect of that offence, by order direct that such person be conveyed to his
place or island of origin
in the Gilbert Islands or the place or island in the
Islands in which such person is ordinarily resident and that he reside there
for
such period not exceeding 1 year as may be specified in the
order.
(2) Where an order under
subsection (1) is made additional to a sentence of imprisonment the order shall
take effect forthwith upon
the termination of the sentence of
imprisonment.
(3) Any person who
being subject to an order under subsection (1) contravenes that order shall be
liable to imprisonment for 6
months.
Discharge
of offender without
punishment
38.
(1) Where, in any trial, the court thinks that the charge against the accused
person is proved but is of opinion that, having regard
to the character,
antecedents, age, health or mental condition of the accused, or to the trivial
nature of the offence or to the
extenuating circumstances in which the offence
was committed, it is not expedient to inflict any punishment, the court may,
without
proceeding to conviction, make an order dismissing the charge, either
absolutely or conditionally.
(2)
An order made under this section shall, for the purpose of revesting or
restoring stolen property, and of enabling the court to
make any order under
sections 155 and 156 of the Criminal Procedure Code, have the like effect as a
conviction.
Offenders
under the age of 16
years
39.
(1) Without prejudice to section 35, 36 or 38 where in any trial the court
thinks that the charge against the accused person is proved
but is of the
opinion that he is under the age of 16 years and is in need of care, protection
or control the court may-
(a) without proceeding to conviction make an order committing him to the care of any fit person whether a relative or not who is willing to undertake the care of him and at the same time, or at any subsequent time on the application of the person to whose care the accused person has been committed, make an order that the parent or guardian of the accused person make a contribution towards the maintenance of the accused person of such sum as the court, having regard to the means of the parent or guardian, thinks fit and upon the making of such an order sections 31, 33 and 34 shall apply mutatis mutandis to such parent or guardian as they apply to an accused person; or
(b) order his parent or guardian to enter into a recognisance with or without sureties in such amount as the court thinks fit to exercise proper care and guardianship.
(2)
Every order and every recognisance made or entered into pursuant to subsection
(1) shall, unless some earlier date of termination
is ordered by the court,
remain in force until the person in respect of whom the order was made or the
recognisance entered into
attains the age of 18
years.
(3) Any fit person to whose
care, protection or control any person has been committed under this section may
at any time apply to
the court for variation or cancellation of the order and
the court may vary or cancel the order or replace it by such order as may
to the
court appear expedient.
(4) Any
person committed to the care of a fit person under this section who absconds
therefrom may be arrested by any police officer
without warrant and either
brought before a magistrates' court or summarily returned to the care of such
fit person; and in the case
of any such person who is brought before a
magistrates' court the court may order that he be returned to the custody of
such fit
person or if having regard to all the circumstances it appears to the
court advisable so to do it may order that he be committed
to the care of some
other fit person.
(5) For the
purpose of this section and without prejudice to the generality of the
expression a person shall be deemed to be in need
of "care, protection or
control" who in the opinion of the court is not receiving such care, protection
or control as a good parent
or guardian may be expected to give or is beyond the
control of his parent or guardian; and the expression "fit person" includes
any
local government council, religious institution, welfare association or other
organisation able and willing to undertake the
care, protection or control of
persons under the age of 18
years.
(6) Without prejudice to
subsection (1) where in any case the accused person is charged with any offence
for the commission of which
a fine, costs or compensation may be imposed and the
court thinks that the charge against the accused person is proved but is of
the
opinion that he is under the age of 16 years it may without proceeding to
conviction make an order that the fine, costs or compensation
be paid by the
parent or guardian of the accused person instead of by the accused person and in
such event sections 31, 33 and 34
shall apply mutatis mutandis to such parent or
guardian as they apply to an accused
person.
Police
supervision
40.
(1) When any person, having been convicted of any offence punishable with
imprisonment for a term of 3 years or upwards, is again
convicted of any offence
punishable with imprisonment for a term of 3 years or upwards, the court may, if
it thinks fit, at the time
of passing sentence of imprisonment on such person,
also order that he shall be subject to police supervision as hereinafter
provided
for a term not exceeding 5 years from the date of the expiration of
such sentence.
(2) If such
conviction is set aside on appeal or otherwise, such order shall become
void.
(3) Every person subject to
police supervision, and who is at large in the Gilbert Islands,
shall-
(a) report himself personally once in each month to the officer in charge of the police station nearest to his place of residence at such time as may be directed by such police officer. or as may be prescribed by regulations under this section; and
(b) notify the place of his residence and any change of such residence at such time and place and in such manner and to such person as may be prescribed by regulations under the section.
(4)
If any person subject to police supervision who is at large in the Islands
refuses or neglects to comply with any requirement
prescribed by this section or
by any regulation made thereunder, such person shall, unless he proves to the
satisfaction of the court
before which he is tried that he did his best to act
in conformity with the law, be guilty of an offence and liable to imprisonment
for 6 months.
(5) The Chief
Justice may make regulations for carrying out the provisions of this
section.
General
punishment for
misdemeanours
41.
When in this Code no punishment is specially provided for any misdemeanour, it
shall be punishable with imprisonment for 2 years
and with a
fine.
Escaped
convicts to serve unexpired sentence when
recaptured
42.
(1) The time during which an escaped person is at large shall not be counted as
part of the term of the sentence which he was serving
at the time of his
escape.
(2) When sentence is
passed under this Code on an escaped convict, such sentence-
(i) if a fine shall, subject to the provisions of this Code, take effect immediately;
(ii) if of imprisonment, shall be executed in accordance with the provisions of section 27.
Power
of court to order forfeiture and payment of compensation in certain
cases
43.
(1) When any person is convicted of an offence under any of the following
sections, namely sections 85, 86, 87, 111, 112 and 367,
the court may, in
addition to or in lieu of any penalty which may be imposed, order the forfeiture
to Her Majesty of any property
which has passed in connection with the
commission of the offence or, if such property cannot be forfeited or cannot be
found, of
such sum as the court shall assess as the value of the property; and
any property or sum so forfeited shall be dealt with in such
manner as the court
may direct. Payment of any sum so ordered to be forfeited may be enforced in the
same manner and subject to the
same incidents as in the case of the payment of a
fine.
(2) When any person is
convicted of an offence under section 181 or Part XXXV, the court may, in
addition to, or in lieu of, any penalty
which may be imposed, order him to pay
compensation to any person injured by his
offence.
Suspended
sentences of
imprisonment
44.
(1) Subject to subsection (2) a court which passes a sentence of imprisonment
for a term of not more than 2 years may order that
the sentence shall not take
effect unless, during a period specified in the order, being not less than 1
year or more than 2 years
from the date of the order, the offender commits
another offence punishable with imprisonment and thereafter a court having power
to do so orders that the original sentence shall take effect; and in this
section -suspended sentence" means a sentence so suspended
and "operational
period" means the period specified in the order suspending the
sentence.
(2) A court shall not
deal with an offender by means of a suspended sentence unless the case appears
to the court to be one in which
a sentence of imprisonment would have been
appropriate in the absence of any power to suspend such a sentence, and a court
which
passes a suspended sentence shall explain to the offender his liability to
be imprisoned if during the operational period he commits
an offence punishable
with imprisonment.
(3) Where an
offender is convicted of an offence punishable with imprisonment committed
during the operational period of a suspended
sentence and either he is so
convicted by a court have power under subsection (4) to deal with him in respect
of the suspended sentence
or he appears or is brought before such a court in
pursuance of subsection (5) that court shall consider his case and deal with him
by one of the following methods-
(a) the court may order that the suspended sentence shall take effect with the original term unaltered;
(b) it may order that the sentence shall take effect with the substitution of a lesser term for the original term;
(c) it may make a community service order under section 46 in place of the original term of imprisonment;
(d) it may by order vary the original order by substituting for the operational period specified therein a period expiring not later than 2 years from the date of the variation; or
(e)it may make no order with respect to the suspended sentence; and a court shall make an order under paragraph (a) of this subsection unless the court is of opinion that it would be unjust to do so in view of all the circumstances which have arisen since the suspended sentence was passed, including the facts of the subsequent offence, and where it is of that opinion the court shall state its reasons.
(4)
An offender may be dealt with in respect of a suspended sentence by the High
Court or, where the sentence was passed by a magistrates'
court, by any
magistrates' court before which he appears or is
brought.
(5) Where an offender is
convicted by a magistrates' court of an offence punishable with imprisonment,
and the court is satisfied
that the offence was committed during the operational
period of a suspended sentence passed by the High Court the court shall commit
him in custody or on bail to the High
Court.
(6) Where a court orders
that a suspended sentence shall take effect, with or without any variation of
the original term, the court
may order that that sentence shall take effect
immediately or that the term thereof shall commence on the expiration of another
term
of imprisonment passed on the offender by that or another
court.
(7) Where the court dealing
with an offender under subsection is not the court which passed the suspended
sentence, the appropriate
officer of the court shall notify the appropriate
officer of the court which passed the sentence of the method
adopted.
(8) For the purposes of
any Ordinance conferring rights of appeal in criminal cases any order made by a
court with respect to a suspended
sentence shall be treated as a sentence passed
on the offender by that court for the offence for which the suspended sentence
was
passed.
Deferment
of
sentence
45.
(1) Subject to the provisions of this section, a court may defer passing
sentence on an offender for the purpose of enabling the
court to have regard, in
determining his sentence, to his conduct after conviction (including, where
appropriate, the making by him
of reparation for his offence) or to any change
in his circumstances.
(2) Any
deferment under this section shall be until such date as may be specified by the
court not being more than 6 months after
the date of the conviction, and where
the passing of sentence has been deferred under this section it shall not be
further deferred
thereunder.
(3)
The power conferred by this section shall be exercisable only if the offender
consents and the court is satisfied, having regard
to the nature of the offence
and the character and circumstances of the offender, that it would be in the
interests of justice to
exercise the
power.
(4) A court which under
this section has deferred passing sentence on an offender may pass sentence on
him before the expiration of
the period of deferment if during that period he is
convicted of any offence.
(5)
Where a court which under this section has deferred passing sentence on an
offender proposes to sentence him, whether on the date
originally specified by
the court or by virtue of subsection (4) before that date, it may issue a
summons requiring him to appear
before the court, or may issue a warrant for his
arrest.
Community
service
orders
46.
(1) If a person is convicted by any court of any offence punishable with
imprisonment, or is liable to be committed to prison for
non-payment of a fine
or for default in compliance with a court order, the court may in lieu of any
other punishment make an order
(hereinafter called a community service order)
requiring him to perform unpaid work under the supervision of a public officer
for
such number of days (being in the aggregate not less than 40 nor more than
150) as may be specified in the
order.
(2) The court may make a
community service order subject to such requirements, including a requirement
relating to residence, as the
court, having regard to the circumstances of the
case, considers necessary for securing the good conduct of the offender or for
preventing
a repetition by him of the same offence or the commission of other
offences.
(3) A court shall not
make a community service order in respect of an offender until an explanation is
given to him of the consequences
which may follow if he is brought back before
the court pursuant to subsection (5), and he consents to the
order.
(4) Where a court makes
community service orders in respect of 2 or more offences of which the offender
has been convicted the court
may direct that the days of work specified in any
of those orders shall be concurrent with or additional to those specified in any
other of those orders but so that the total number of days which are not
concurrent shall not exceed the maximum specified in subsection
(1).
(5) If a person in respect of
whom a community service order has been made fails to undertake any work which
has been set for him
in pursuance of the order or fails to comply with any
requirement attached to the order by virtue of subsection (2) or is otherwise
found to be unsatisfactory in his conduct the public officer shall apply for the
issue of a summons or warrant to bring the offender
back before the court which
made the order and the court may, if it thinks fit, revoke the order and deal
with the offender for the
offence in respect of which the order was made in any
manner in which he could have been dealt with for the offence by the court
if
the order had not been made.
(6)
In this section "public officer" means a person in the employment of the
Government or a local government council.
PART
VII
OFFENCES
AGAINST PUBLIC
ORDER
AND EXTERNAL
TRANQUILLITY
Treason
by the law of
England
47.
Any person who compasses, imagines, invents, devises or intends any act, matter
or theory, the compassing, imagining, inventing,
devising or intending whereof
is treason by the law of England for the time being in force. and expresses,
utters or declares such
compassing, imagining, inventing, devising or intending
by publishing any printing or writing or by any overt act, or does any act
which, if done in England, would be deemed to be treason according to the law of
England for the time being in force, is guilty of
the offence termed treason and
shall be sentenced to imprisonment for
life.
Instigating
invasion
48.
Any person who instigates any foreigner to invade the Gilbert Islands with an
armed force shall be guilty of treason, and shall
be sentenced to imprisonment
for
life.
Concealment
of
Treason
49.
Any person who-
(a) becomes an accessory after the fact to treason; or
(b) knowing that any person intends to commit treason does not give information thereof with all reasonable despatch to the Governor or to