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Section 319 — Provisions as to sentence of fine

Consolidated view is experimental and may be broken for certain provisions.

Amendments
319.Provisions as to sentence of fine

(1)Where any fine is imposed and there is no express provision in the law relating to the fine, the following provisions apply:

(a)if the maximum sum is not stated in the law, the fine to which the offender is liable shall beis unlimited but must not be excessive;

(b)the court which imposed the fine may choose to do all or any of the following things at any time before the fine is paid in full:

(i)allow and extend time for its payment;

(ii)direct that the fine be paid by instalments;

(iii)order the attachment of any property, movable or immovable, belonging to the offender —

(A)by seizure;seizure of such property which may be sold and the proceeds applied towards the payment of suchthe fine; or

(B)by appointing a receiver; orreceiver who shallis to be at liberty to take possession of and sell such property and apply the proceeds towards the payment of suchthe fine;

(C)by directing any person who owes money to the offender to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the fine;

(iv)direct that in default of payment of the fine, the offender must suffer imprisonment for a certain term which must be consecutive with any other imprisonment to which he may be sentenced, including any other imprisonment term or terms imposed on the offender under this section in default of payment of fine, or to which he may be liable under a commutation of a sentence;

(iv)direct any person who owes money to the offender to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the fine;

(v)direct that in default of payment of the fine, the offender must suffer imprisonment for a certain term which must be consecutive with any other imprisonment to which hethe offender may be sentenced, including any other imprisonment term or terms imposed on the offender under this section in default of payment of fine, or to which hethe offender may be liable under a commutation of a sentence;

(v)(vi)direct that the person be searched, and that any money found on himthe person when so searched or which, in the event of his or her being committed to prison, may be found on him or her when taken to prison, shallis to be applied towards the payment of suchthe fine, and the surplus,surplus if(if any,any) being returned to him;him or her; provided that the money shallmust not be so applied if the court is satisfied that the money does not belong to the person on whom it was found;

(c)before allowing time for payment under paragraph (b)(i) or directing payment by instalments under paragraph (b)(ii), the court may require the offender to execute a bond with or without sureties on condition that hethe offender pay the fine or the instalments,instalments as(as the case may be,be) on the day or days directed; and if the fine or any instalment is not paid as ordered, then the whole of the fine remaining unpaid becomes due and payable and the court may issue a warrant for the offender’s arrest;

(d)the term for which the court directs the offender to be imprisoned in default of payment of a fine shallis to be as follows:

(i)if the offence is punishable with imprisonment for a term of 24 months or more, it must not exceed one half of the maximum term of imprisonment fixed for the offence;

(ii)if the offence is punishable with imprisonment for a term of less than 24 months, it must not exceed one third of the maximum term of imprisonment fixed for the offence;

(iii)if the offence is not punishable with imprisonment, it must be 6 months or less;

(e)the imprisonment that is imposed in default of payment of a fine may be additional to the sentence of imprisonment for the maximum term which the court may impose under section 303 provided that the total punishment of imprisonment passed on an offender at one trial does not exceed the limits prescribed by section 306;

(f)the imprisonment imposed in default of payment of a fine shall endends when that fine is paid or levied by process of law, and the offender must be released from detention in prison as soon as reasonably practicable;

Paragraph (g) — Original text to 25 November 2024superseded

(g)if, before the end of the period of imprisonment imposed in default of payment of a fine, such a proportion of the fine is paid or levied that the term of imprisonment already suffered in default of payment is at least equivalent to the part of the fine still unpaid, then the imprisonment must end;

Paragraph (g) — From 25 November 2024 (current)rewritten by Statutes (Miscellaneous Amendments) (No. 2) Act 2024

(g)if, before the end of the period of imprisonment imposed in default of payment of a fine, such a proportion of the fine is paid or levied that the term of imprisonment already suffered in default of payment is at least equivalent to the part of the fine still unpaid, then —

(i)the imprisonment must end; and

(ii)the offender must be released from detention in prison as soon as reasonably practicable;

(h)the fine or any part of it that remains unpaid may be levied at any time within 6 years after the passing of the sentence or, if under the sentence the offender is liable to imprisonment for a longer period than 6 years, then at any time before that period expires; and the offender’s death does not discharge from the liability any property that would after his or her death be legally liable for his or her debts.debts;

(i)the fine must be paid using a designated mode of payment, and within a designated time, specified in a payment advice issued by the court to the offender.

(2)If a person fails to pay the court the amount which hethe person is directed to pay under subsection (1)(b)(iii)(C)(1)(b)(iv), it shall beis recoverable as though it were a judgment debt due to the court.

(3)Any person may, not later than 7 days after the date of the seizure of any property under subsection (1)(b)(iii)(A) or the taking of possession of any property by the receiver under subsection (1)(b)(iii)(B),(1)(b)(iii)(B) as(as the case may be,be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (1)(b)(iii) and the court shallmust make such order as it sees fit.