Crime & Consequence
Simple Schedule of Specified offences and their associated punishments.
NB: Act 1101, the act abolishing the death penalty has not yet been signed into law.
| Offence | Punishment | Particulars of Offence | Section |
|---|---|---|---|
| Murder | Life Imprisonment | A person who commits murder is liable on conviction to life imprisonment | Section 46 of Act 29 [As Amended by Act 1101] |
| Attempt to commit murder by convict | Life Imprisonment | A person who, being under sentence of imprisonment for three years or more, attempts to commit murder is liable on conviction to life imprisonment | Section 49 of Act 29 [As Amended by Act 1101] |
| Piracy | Life Imprisonment | Punishment of piracy (1) A person who commits an act of piracy commits a first degree felony. (2) A person who, with intent to commit, or at the time of, or immediately before, or immediately after, committing an act of piracy in respect of a ship, assaults, with intent to murder, a person who is on board, or belonging to, the ship or injures the person or unlawfully does an act by which the life of that person may be endangered, commits a felony and is liable on conviction to be sentenced to life imprisonment.” | Section 194 of Act 29 [As Amended by Act 1101] |
| Genocide | Life Imprisonment | (1) A person who commits genocide is liable on conviction to life imprisonment. (2) A person commits genocide where, with intent to destroy, in whole or in part, any national, ethical, racial or religious group, that person (a) kills members of the group; (b) causes serious bodily or mental harm to members of the group; (c) deliberately inflicts on the group conditions of life calculated to bring its physical destruction in whole or in part; (d) imposes measures intended to prevent births within the group; (e) forcibly transfers children of the group to another group. | Section 49A (1) [As Amended by Act 1101] |
| Smuggling of gold, diamond | Life Imprisonment | 317A. Smuggling of gold, diamond (1)Despite any law to the contrary, a person who (a) without lawful authority, the proof of which lies on that person, exports or attempts to export gold or diamond; or (b) conceals or carries away from the Republic gold or diamond with intent to evade an enactment relating to the export of gold or diamond, commits a criminal offence and is liable on conviction to a sentence of life imprisonment, and the gold or diamond, in respect of which the criminal offence was committed shall be forfeited to the Republic." (2) The President may, by legislative instrument, apply subsection (1) to any other minerals specified in the instrument (3)“diamond” means a rough and uncut diamond of Ghanaian origin; “gold” includes gold bullion,retorted gold, gold ore, gold amalgam, gold alloy, precipitates containing gold, slag, concentrates,tailings and residues, and gold dust but not the articles manufactured of gold and in reasonable quantities the proof of which lies on the person alleging reasonableness. | Section 317A of Act 29 [As Amended by Act 1101] |
| High Treason -Statute | Death | (1) A person who commits high treason is liable to suffer death. (2) For the purposes of subsection (1), high treason has the meaning assigned to it by clause (3) of article 3 of the Constitution. (3) A person who is not a citizen is not punishable under this section for anything done outside Ghana, but a citizen may be tried and punished for high treason under this section wherever committed. ---- | Section 180 of Act 29 |
| High Treason Under the Constitution | Death | Article 3(3): Any person who— (a) by himself or in concert with others by any violent or other unlawful means, suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act; or (b) aids and abets in any manner any person referred to in paragraph (a) of this clause; commits the offence of high treason and shall, upon conviction, be sentenced to suffer death. | Article 3(3) of the 1992 Constitution |
| Attempted Murder | Life or Lesser Term | A person who attempts to commit murder commits a first degree felony. | Section 48 of Act 29 |
| Manslaughter | Life or Lesser Term | A person who commits manslaughter commits a first degree felony. | Section 50 of Act 29 |
| Abetment of suicide | Life or Lesser Term | A person who abets the commission of a suicide commits a first degree felony whether or not the suicide is actually committed. | Section 57 of Act 29 |
| Causing Harm by the Use of Offensive Weapon | Life or Lesser Term | A person who intentionally and unlawfully causes harm to any other person by the use of an offensive weapon commits a first degree felony | Section 70 of Act 29 |
| Rape (Punishment Specified) | Not less than 5 but not exceeding 25 years | A person who commits rape commits a first degree felony and is liable on conviction to a term of imprisonment of not less than five years and not more than twenty-five years. | Section 97 of Act 29 |
| Defilement | Not less than 7 but not exceeding 25 years | (1) For the purposes of this Act, defilement is the natural or unnatural carnal knowledge of a child under sixteen years of age. | Section 101 of Act 30 |
| Unnatural Carnal Knowledge - (Punishment Specified) | Not less than 5 but not exceeding 25 years | Unnatural carnal knowledge (1) A person who has unnatural carnal knowledge (a) of another person of not less than sixteen years of age without the consent of that other person commits a first degree felony and is liable on conviction to a term of imprisonment of not less than five years and not more than twenty-five years; | Section 104 of Act 29 |
| Robbery | Life or Lesser Term | A person who commits robbery commits a first degree felony A person who steals a thing commits robbery (a) if in, and for the purpose of stealing the thing, that person uses force or causes harm to any other person, or (b) if that person uses a threat or criminal assault or harm to any other person, with intent to prevent or overcome the resistance of the other person to the stealing of the thing. | Section 149/150 of Act 29 |
| Causing Unlawful Damage | Life or Lesser Term | A person who intentionally and unlawfully causes damage to property in a manner which causes, is likely to cause, danger to life commits a first degree felony. | Section 172(2) of Act 29 |
| Intentionally endangering train, vessel or aircraft | Life or Lesser Term | A person who causes the safety of an engine, a carriage, or a train on a railway, or of a vessel or an aircraft, to be endangered, with intent to cause harm or danger to a person, commits a first degree felony. | Section 178 of Act 29 |
| Misprision of treason | Life or Lesser Term | A person who knows of the commission of high treason, or of a treason within the meaning of clause (17) of article 19 of the Constitution, and does not forthwith reveal it to the President, or to a police officer not below the rank of Inspector, commits a misprision of treason and is punishable as for a first degree felony. | Section 181 of Act 29 |
| Treason felony | Life or Lesser Term | A person commits a treason felony and is punishable as for a first degree felony who (a) prepares or endeavours to procure by unlawful means an alteration of the law or of the policies of the Government, or (b) prepares or endeavours to carry out by unlawful means an enterprise which usurps the executive powers of the Republic in a matter of both a public and a general nature. | Section 182 of Act 29 |
| Abetment of mutiny or desertion or assault | Life or Lesser Term | A person who is not subject to military law, and who abets the commission of a mutiny by a person subject to military law, commits a first degree felony. | Section 187 of Act 29 |
| Possession of explosives, firearms and ammunition | Life or Lesser Term | Despite the provisions of any other enactment, a person who has in possession, custody or control, without lawful excuse, the proof of which lies on that person, an explosive, a firearm or an ammunition commits a first degree felony | Section 192 of Act 29 |
| Hijacking and attack on international communications | Life or Lesser Term | A person who hijacks an aircraft commits a first degree felony and is liable on conviction to a term of imprisonment of not less than five years. | Section 195 (1) of Act 29 |
| Perjury (As a First Degree Felony) | Life or Lesser Term | A person who commits perjury with intent to cause the conviction of any other person for a criminal offence punishable with death, commits a first degree felony. | Section 210(2) of Act 29 |
| Perjury (As a Second Degree Felony) | Not Exceeding 10 years | A person commits perjury, if in a written or verbal statement made or verified by that person on oath before a Court, or a public officer, or before the President or before a commission or committee states anything knowing that the statement is false in a material particular, or which that person does not have a reason to believe is true. | Section 210(1) of Act 29 |
| Causing harm | Not Exceeding 10 years | A person who intentionally and unlawfully causes harm to any other person commits a second degree felony. | Section 69 of Act 29 |
| Threat of Death | Not Exceeding 10 years | A person who threatens any other person with death, with intent to put that person in fear of death, commits a second degree felony. | Section 75 of Act 29 |
| Kidnapping | Not Exceeding 10 years | A person who kidnaps another person commits a second degree felony. | Section 89 of Act 29 |
| Child Stealing | Not Exceeding 10 years | A person who steals a person under fourteen years of age, whether with or without consent, commits a second degree felony. | Section 93 of Act 29 |
| Falsification of accounts | Not Exceeding 10 years | (1) A clerk, a servant or a public officer, or an officer of a partnership, company or corporation commits a second degree felony who does any of the acts mentioned in paragraph (a) or (b), with intent to cause or enable a person to be defrauded, or with intent to commit or to facilitate the commission, personally or by any other person, of a criminal offence; (a) conceals injures, alters or falsifies a book, or an account kept by or belonging or entrusted to the employers or to the partnership, company or corporation; or corporation; or entrusted to the officer, or to which the officer has access, as an officer or omits to make a full and true entry in an account of anything which the officer is bound to enter in the account; or (b) publishes an account, a statement or prospectus, relating to the affairs of the partnership, company or corporation, which the officer knows to be false in a material particular. | Section 140 of Act 29 |
| Stealing | Not exceeding 25 years | A person who steals commits a second degree felony. | Section 124 of Act 29 |
| Fraudulent breach of trust | Not exceeding 25 years | A person who commits a fraudulent breach of trust commits a second degree felony | Section 128 of Act 29 |
| Defrauding by false pretence | Not exceeding 25 years | A person who defrauds any other person by a false pretence commits a second degree felony | Section 131 of Act 29 |
| Fraud by agents | Not exceeding 25 years | (1) A person commits a misdemeanour who (a) as an agent dishonestly accepts or obtains, or agrees to accept or attempts to obtain, from any other person, for that person or for any other person, a gift or consideration as an inducement or reward for doing or forbearing to do or for having done or forborne to do, an act in relation to the principal’s affairs or business, or for showing or forbearing to show favour or disfavour to a person in relation to the principal’s affairs or business; or (b) dishonestly gives or agrees to give or offers a gift or consideration to an agent as an inducement or reward for forbearing to do, or for having done or forborne to do, an act in relation to the principal’s affairs or business, or for showing or forbearing to show favour or disfavour to a person in relation to the principal’s affairs or business; or (c) knowingly gives to an agent, or if an agent knowingly uses with intent to deceive the principal, a receipt, an account, or any other document in respect of which the principal is interested, and which contains a statement which is false or erroneous or defective in a material particular, and which is to the knowledge of that person intended to mislead the principal. (2) For the purposes of subsection (1), “consideration” includes valuable consideration of any kind; “agent” includes a person employed by or acting for another; “principal” includes an employer. | Section 145 of Act 29 |
| Extortion | Not exceeding 25 years | A person who extorts property from any other person by means of threat commits a second degree felony. | Section 151 of Act 29 |
| Unlawful entry | Not exceeding 25 years | A person who unlawfully enters a building with the intention of committing a criminal offence in the building commits a second degree felony. | Section 152 of Act 29 |
| Instruments intended or adapted for unlawful entry | Not exceeding 25 years | A person who has, without lawful excuse, the proof of which lies on that person, the possession of a tool or an implement adapted or intended for use in unlawfully entering a building commits a misdemeanour. | Section 154 of Act 29 |
| Forgery of judicial or official document | Not exceeding 25 years | A person who, with intent to deceive any other person, forges a judicial or an official document, commits a second degree felony. | Section 158 of Act 29 |
| Possession of means of forging | Not exceeding 25 years | A person who without lawful excuse, the proof of which lies on that person, has in possession an instrument or a thing specially contrived or adapted for the purposes of forgery commits a misdemeanour. | Section 165 of Act 29 |
| Corruption of and by public officer or juror | Not less than 12 but not exceeding 25 years | 239. (1) A public officer or juror shall not commit corruption or wilful oppression or extortion in respect of the duties of office. (2) A person shall not corrupt any other person in respect of a duty as a public officer or juror. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a term of imprisonment of not less than twelve years and not more than twenty-five years.". | Section 239 of Act 29 [As amended by Act 1034] |
| Accepting or giving bribe to influence a public officer or juror | Not less than 12 but not exceeding 25 years | 252. (1) A person shall not accept or agree or offer to accept a valuable consideration under the pretence of having unduly influenced or being able or agreeing to influence any other person in respect of functions as a public officer or juror. (2) A person shall not give or agree or offer to give to a public officer a valuable consideration for the grant to that person or to any other person of a benefit or an advantage or for the exercise of influence in favour of that person or any other person. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a term of imprisonment of not less than twelve years and not more than twenty-five years.". | Section 252 of Act 29 [As amended by Act 1034] |
| Corrupt promise by judicial officer or juror | Not less than 12 but not exceeding 25 years | 253. (1) A person shall not, otherwise than in the due execution of a duty as a judicial officer or juror, make or offer to make an agreement with any other person as to the judgment or verdict which that person will or will not give as a judicial officer or juror in a pending or future proceeding. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than twelve years and not more than twenty-five years." | Section 253 of Act 29 [As amended by Act 1034] |
| Withholding of public money by a public officer | Not less than 12 but not exceeding 25 years | 260. Where a public officer who is bound in that capacity to pay or account for money or a valuable thing or to produce or give a document or any other thing up, fails to pay or account for or to produce or give the document or thing up to any other officer or person lawfully demanding the same, commits an offence and is liable on summary conviction to a term of imprisonment of not less than twelve years and not more than twenty-five years.". | Section 260 of Act 29 [As amended by Act 1034] |
Punishments
This explainer discusses the judicial punishment of criminals under Ghanaian Criminal Law.
Act 29: Criminal Offences Act of Ghana, 1960
Act 30: Criminal and Other Offences (Procedure) Act of Ghana, 1960
Act 652: Juvenile Justice Act, 2003
Act 1034: Criminal Offences (Amendment) Act, 2020
Act 1101: Criminal Offences (Amendment) Act, 2023
Classes of Punishments Available.
By Section 294 of Act 30 the following punishments may be inflicted for offences:
(a) Death;
(b) Imprisonment;
(c) Detention;
(d) Fine;
(e) Payment of compensation;
(f) Liability of police supervision.
Another punishment is created under Section 299 of Act 30 – Recognisance for Keeping the Peace where a court is empowered to order that a recognisance be entered into by the convicted person with or without sureties. This can be done as an addition to a punishment already meted out or used as a substitute for that punishment. The law treats a default of the recognisance seriously – where a person has already been sentenced to prison, this default attracts an additional prison term not exceeding 6 months or any term that does not exceed the initial term. Where no imprisonment is provided, the term shall not exceed 2 months.
RECOGNISANCE defined by Black’s Law Dictionary means a bond or obligation, made in court, by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt, or to keep the peace; specifically, an in-court acknowledgment of an obligation in a penal sum, conditioned on the performance or non-performance of a particular act.
Section 299 of Act 30:
The Court before which a person is convicted of an offence other than an offence for which the sentence is fixed by law may, according to the circumstances of the case, order that person in place of or in addition to any other punishment, to enter into recognisance, with or without sureties, for keeping the peace and to be of good behaviour.
(2) In default of entering into recognisance with or without sureties, that person shall be imprisoned, in addition to the term of imprisonment to which that person is sentenced, for a term not exceeding six months and not exceeding the term for which that person is convicted or, if a term of imprisonment is not specified, for a term not exceeding two months.”
Exception for Juveniles relative to Death Penalty
Section 295 of Act 30 proscribes the recording of the death penalty on a person under 17 in the opinion of the court. It provides:
(1) Sentence of death shall not be pronounced on or recorded against a juvenile offender, namely , an offender who, in the opinion of the Court, is under the age of seventeen years.
(2) In lieu of the death sentence the Court shall order the detention of the juvenile during the pleasure of the President and the juvenile shall be detained in a place and manner which is legal custody.
Section 32(2) of Act 652 re-enacted this provision by providing that
A death sentence shall not be pronounced or recorded against a juvenile offender.
Exception for Pregnant Women Relative to Death Penalty
Section 312 of Act 30 proscribes the pronouncement of the death penalty on a woman who is tests positive as pregnant. It is also interesting to note that this section was used by proponents of the bill for the removal of the death penalty. The memorandum to the bill argued that it was discriminatory for new mothers, who may have just given birth the day before sentencing to not be given the opportunity to care for their children in the same way pregnant women are, and that the removal of the death penalty would cure the discrimination. The Section provides as follows:
(1) Where a woman is convicted of an offence punishable by death, the Court shall order that the woman be tested for pregnancy unless the Court has reasonable grounds to believe that
the woman is post-menopausal.(2) Where the woman tests positive for pregnancy, the Court shall pass on her a sentence of imprisonment.
(3) A pregnant woman sentenced to imprisonment for life shall be detained in a place where her health needs can be met, and arrangements shall be made by the Prison Service in consultation with the social welfare department of the District Assembly to ensure that after delivery her child does not remain in person”
Imprisonment:
Section 296(6) of Act 30 provides that all terms of imprisonment shall be with hard labour unless the court directs otherwise in a case of a sentence less than 3 years.
A term of imprisonment shall be with hard labour unless, in the case of a sentence of less than three years, the Court otherwise directs
Consequences of a Sentence for Three of More Years: The law imposes some consequences on persons who are handed down a sentence of three or more years. Unless the court decides otherwise, such convict loses any public office he holds and any emoluments payable to that person from a public fund terminates and is forfeited from the date of conviction. These consequences generally, do not apply to juveniles or to people who receive pardons (unless the pardon stipulates no relief). Section 298 of Act 30 provides:
(1) Where a person is convicted of an offence, and is sentenced to imprisonment of not less than three years, then unless the Court otherwise orders, (a) a public office held by that person within the
jurisdiction of the Court shall forthwith become vacant; and
(b) a pension, superannuation allowance, or an emolument payable to that person out of the public revenues or out of a public fund, or chargeable on a rate or tax, and an accruing right to that pension,
allowance, or emolument, shall determine and be forfeited from the date of the conviction.
(2) The consequences mentioned in subsection (1) shall not ensue in the case of a person who, at the time of committing the criminal offence of which that person is convicted, was a juvenile.
(3) A person who receives a pardon is, unless the pardon otherwise directs, relieved from the consequences mentioned in this section, except as to an office of employment which, having been vacated under this section, has been filled up before the receipt of the pardon.
Classification of Offences
Chapter 1 “Interpretation” of Act 29 creates classes of offenses and they are explained fully under Section 296 of Act 30 as follows:
“felony”, “first degree felony” and “second degree felony” shall be construed in accordance with section 296 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30)
First Degree felonies according to Section 296(1) of Act 30, attract a term of imprisonment of up to life imprisonment. The section provides:
(1) Where a criminal offence is declared by an enactment to be a first degree felony and the punishment for that offence is not specified, a person convicted of that offence is liable to imprisonment for life or any lesser term. Section 296(1) of Act 30
A Second-Degree Felony according to Section 296(2) of Act 30 attracts a term of up to ten years in prison unless that Second Degree Felony is mentioned in 296(5) for different treatment. The section provides that:
Where a criminal offence which is not an offence mentioned in subsection (5), is declared by an enactment to be a second degree felony and the punishment for that offence is not specified,a person convicted of that offence is liable to a term of imprisonment not exceeding ten years. Section 296(2) of Act 30
Chapter 1 “Interpretation” of Act 29 provides for “misdemeanour” to be construed in accordance with section 296 of Act 30 which provides that where the offence is not specially mentioned in Section 296(5) and a punishment is not specified, a misdemeanour shall attract a term of imprisonment not exceeding three years. Section 296(4) provides:
Where a criminal offence which is not an offence mentioned in subsection 296(5), is declared by an enactment to be a misdemeanour and the punishment for that offence is not specified, a person convicted of that offence is liable to a term of imprisonment not exceeding three years.
Previous Conviction: A person having been convicted of a criminal offence is again convicted of a criminal offence is liable to increased punishment provided under section 300 of Act 30. The section clarifies that a repeat offender is not exempted from greater liability due him by virtue of the table. Enhanced punishments are not applicable to offenders who where under 17 years of age at the time they committed their first offence and have attained 20 years of age. Section 300 provides:
(1)Where a person, having been convicted of a criminal offence; is again convicted of a criminal offence that person is liable to increased punishment provided in the Table annexed to this section and the notes to it or to a period of detention in this Act called “preventive custody” under Part XIII.
(2) Subsection (1), and the contents of the Table annexed to this section shall not exempt a person from a liability to which that person is subject under an enactment, to death or to a greater or any other punishment than the punishment mentioned in the table, and a punishment to which that
person is liable may be inflicted in addition to the punishments mentioned in the Table.
(3) This section, and the contents of the Table, shall not apply to libel, or to any other act which is a criminal offence on the ground of negligence.
(4) A conviction of a person for a criminal offence committed by that person before attaining the age of eighteen years shall not be admitted in evidence against that person for the purposes of the Table after that person has attained the age of twenty years.
Consecutive & Concurrent Sentences:
The law provides that sentences should run consecutively unless the Court otherwise directs. So Section 301 of Act 30 provides that a person who is convicted of a crime but has not been sentenced, or has been sentenced but is yet to see out his sentence be liable upon a subsequent conviction, to have that new sentence follow after the expiry of the initial sentence. This is the default position unless the Court intervenes. Section 301 of Act 30 provides:
Section 301 of Act 30: Where a person after conviction for a criminal offence is convicted of a different criminal offence ,before sentence is passed on that person under the first conviction or before the expiration of that sentence, a sentence which is passed on that person under the subsequent conviction, shall be executed after the expiration of the first sentence, unless the Court directs that it shall be executed concurrently with the first sentence or a part of it.
The law provides rules for scenarios where one act constitutes several offences, or several acts are done in furtherance of a single criminal purpose. Section 302 (a) provides that where multiple criminal acts are done to a person, that person may be punished for the entirety of the acts or one of the acts, as one offence provided the acts were in furtherance of the same design and the court is of the view that the actions constitute one continuous transaction. The several acts may be considered in meting out punishment, but there is no liability for the actions to be punished separately.
302(a) where a person does several acts against or in respect of one person or thing, each of which is a criminal offence, but the whole of which acts are done in execution of the same design, and, in the opinion of the Court before which that person is tried, form one continuous transaction, that person may be punished for the whole of the acts as one criminal offence, or for anyone or several of those acts as one criminal offence, and all the acts may be taken into consideration in awarding punishment, but that person is not liable to separate punishments as for several criminal offences;
Section 302(b) provides that where a person by one act causes harm or kills multiple people, the person shall only be punishable for only one of such persons harmed or killed. The court may however take into consideration all the intended or probable causes of the action.
302(b) Where a person by one act assaults, harms, or kills several persons, or in any manner causes injury to several persons or things, that person is punishable only in respect of one of the persons so assaulted, harmed, or killed, or of the persons or things to which injury is so caused, but in awarding punishment, the Court may take into consideration all the intended or probable consequences of the criminal offence.
(b) Where a person by one act assaults, harms, or kills several persons, or in any manner causes injury to several persons or things, that person is punishable only in respect of one of the persons so assaulted, harmed, or killed, or of the persons or things to which injury is so caused, but in
awarding punishment the Court may take into consideration all the intended or probable consequences of the criminal offence.
The illustrations in the section provide a useful guide:
(1) A. steals the master’s money, and, in order to escape detection, falsifies the accounts kept by A for the master. Here A. ought not to be punished both under section 124 and also under section 140 of the Criminal Offences Act; but the Court may, in awarding punishment for the stealing, take into
consideration the falsification, or vice versa.
(2) A. assaults B. and strikes B ten blows in immediate succession. Here A. is not liable to be convicted of ten assaults, and sentenced to ten terms of imprisonment. However, the Court may properly pass a more severe
sentence than it would have passed for a single blow.(3) A signalman on a railway, by one act of negligence, causes the death of or injuries to several persons. That signalman cannot be sentenced to several punishments in respect of the deaths of or injuries to each or several of those persons.
(4) A person by one act wilfully poisons several cattle. That person cannot be separately punished for each, but the Court, in considering the amount of the punishment to be awarded, may take into consideration the number of the cattle wilfully injured or destroyed.
Fines: The law provides for the payment of a fine in addition or as a substitute for a punishment that a convicted person is liable for under Section 297 of Act 30, provided the offence does not have a specific sentence. In State v Agyemang 1962 2 GLR 67 S.C., it was held that where a judge wants to impose a heftier sentence and their hands are tied by virtue of the offence being a misdemeanour, he may resort to this section to impose a fine as additional punishment. If Section 297 provides:
Where a person is convicted of a felony or a misdemeanour or an offence punishable by imprisonment other than an offence for which the sentence is fixed by law, the Court may sentence that person to a fine in addition to or in lieu of any other punishment to which that person is liable
The subsequent sections provide additional rules relative to fines, stating that the fines are set by the discretion of the court, and shall not be excessive. Non – payment of a fine at the appointed time may trigger imprisonment until it is paid – this imprisonment may added to any existing sentence, and may be for up to 3 years if it involves a felony and 12 months in other cases. It also allows for the termination of imprisonment once payment is made and any time spent in prison is proportionate to the portion of the fine unpaid. See Sub-Sections 297(2) – (5) fully here:
(2) Where the amount of the fine which a person may be sentenced to pay on conviction is not expressly limited, the amount of fine shall, subject to the limitations on the powers of the Court, be in the discretion of the Court, but shall not be excessive.
(3) Where a person convicted of an offence is sentenced to pay a fine the Court may direct that if that person fails to pay the fine within the time appointed for payment that person shall suffer imprisonment until it is paid.
(4) The imprisonment to which a person is sentenced under subsection (3) shall be in addition to any other imprisonment to which that person is sentenced, and in the case of a felony or misdemeanour shall not exceed three years and in any other case shall not exceed twelve months.
(5) Where a fine is imposed by a Court exercising summary jurisdiction or at a trial on indictment, and before the expiration of the term of imprisonment fixed in default of payment, a proportion of the fine is paid or levied and the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.