[Rev. 2012]
Criminal Procedure Code
CAP. 75
paid forthwith, the court may require the person ordered to make 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 direct that money to which this section applies may be paid
by installments at such times and in such amounts as the court may deem fit; but so
that in default of payment of any installment the whole of the amount outstanding
shall become and be immediately due and payable, and all the provisions of this
Code and of the Penal Code (Cap. 63) applicable to a sentence of a fine and to
imprisonment in default of payment thereof shall apply to it accordingly.
(4) A warrant of commitment to prison in respect of the non-payment of a 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 installments under subsection (3), shall not
be issued unless the court first makes inquiry as to his means in his presence.
(5) After making inquiry in accordance with the provisions of subsection (4) the
court may, instead of issuing a warrant of commitment to prison, make an order
extending the time allowed for payment or varying the amount of the installments
or the times at which the installments were, by the previous order of the court,
directed to be paid.
(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.
337. Commitment for want of distress
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.
338. Commitment in lieu of distress
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, 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.
339. Payment in full after commitment
A person committed for non-payment may pay the sum mentioned in the
warrant, with the amount of expenses therein authorized (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.
C44 - 93
[Issue 1]
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