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1109.   Terms of orders in usual cases

Revised Laws of Saint Lucia (2022)

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1109.   Terms of orders in usual cases

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    (1)   Where the Court has power under any enactment to make an order in respect of the contravention of any of the provisions of the enactment, the following general provisions of this section with respect to the nature of the order which may be so made in different cases, shall, unless the contrary is expressly provided by the particular enactment or by necessary implication, have effect.

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    (2)   Where in an enactment it is provided that a person who commits any contravention of the enactment shall be liable to a fine, the Court may, when any such order is made, order that the sum adjudged to be paid by the defendant be paid forthwith or within a specified time, and that, in default of such payment, the defendant be imprisoned.

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    (3)   Where in an enactment it is provided that a person who commits any contravention is liable to a penalty, or commits an offence and, on being convicted, is liable to a fine or by words to that effect, the Court may, where any such order is made, order that the sum adjudged to be paid by the defendant be paid forthwith or within a specified time, and that, in default of such payment, the defendant be imprisoned.

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    (4)   Where in an enactment it is provided that a person who commits any contravention of the enactment commits an offence and on being convicted is liable to a fine or to imprisonment, or to both such fine and imprisonment, or by words to that effect, the Court may, in passing sentence either—

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      (a)     order as stated in subsection (2) of this section;

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      (b)     order that the defendant be imprisoned;

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      (c)     in the case of both fine and imprisonment being imposed, order in terms of paragraphs (a) and (b).

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    (5)   Where in an enactment it is provided that a person who commits any contravention of the enactment commits an offence, and on being convicted is liable to imprisonment, or words to that effect, the Court shall, when any such order is made, order that the defendant be imprisoned accordingly.

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