On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 25/06/2010.
PART XVIII
COMPENSATION AND COSTS
Order for payment of costs of prosecution against accused and order for payment of costs incurred by accused in his defence
355.
—(1) The court before which a person is convicted of an offence may, in its discretion and if satisfied that the defence of the person was conducted in an extravagant and unnecessary manner, order that person to pay a sum to be fixed by the court by way of costs of his prosecution.
(2) If an accused is acquitted of any charge for any offence, and if it is proved to the satisfaction of the court that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant or the person on whose information the prosecution was instituted to pay full costs, charges and expenses incurred by the accused in and for his defence, to be taxed by the Registrar of the Supreme Court or the Registrar of the Subordinate Courts, as the case may be.
(3) The court may direct that either an order for payment of costs under subsection (1) or an order for payment of compensation under section 359(1) be paid in priority to the other, and if no direction is given, the order for payment of costs takes priority over the order for payment of compensation.
356.
—(1) The Court of Appeal or the High Court in the exercise of its powers under Part XX may award costs to be paid by or to the parties as it thinks fit.
(2) Where the Court of Appeal or the High Court makes any order for costs to be paid by the prosecution to an accused, the Court must be satisfied that the conduct of the matter under Part XX by the prosecution was frivolous or vexatious.
(3) Where the Court of Appeal or the High Court makes any order for costs to be paid by an accused to the prosecution, the Court must be satisfied that the conduct of the matter under Part XX by the accused was done in an extravagant and unnecessary manner.
357.
—(1) Where it appears to a court that costs have been incurred unreasonably or improperly in any proceedings or have been wasted by a failure to conduct proceedings with reasonable competence and expedition, the court may make against any advocate whom it considers responsible (whether personally or through an employee or agent) an order —
(a)
disallowing the costs as between the advocate and his client; or
(b)
directing the advocate to repay to his client costs which the client has been ordered to pay to any person.
(2) No order under this section shall be made against an advocate unless he has been given a reasonable opportunity to appear before the court and show cause why the order should not be made.
359.
—(1) The court before which a person is convicted of any offence shall, after the conviction, consider whether or not to make an order for the payment by that person of a sum to be fixed by the court by way of compensation to the person injured, or his representative, in respect of his person, character or property by —
(a)
the offence or offences for which the sentence is passed; and
(b)
any offence that has been taken into consideration for the purposes of sentencing only.
(2) If the court is of the view that it is appropriate to make such an order referred to in subsection (1), it must do so.
(3) If an accused is acquitted of any charge for any offence, and if it is proved to the satisfaction of the court that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant or the person on whose information the prosecution was instituted to pay as compensation to the accused a sum not exceeding $10,000.
(4) Any order for compensation made under subsection (1) shall not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order, but any claim by a person or his representative for civil damages in respect of the same injury arising from the offence, shall be deemed to have been satisfied to the extent of the amount paid to him under an order for compensation.
(5) The order for compensation made under subsection (3) shall not affect any right to a claim for civil damages for malicious prosecution or false imprisonment beyond the amount of compensation paid under the order, but any claim by the accused for civil damages in respect of the malicious prosecution or false imprisonment shall be deemed to have been satisfied to the extent of the amount paid to him under an order for compensation.
360.
—(1) Subject to the provisions of this Code, where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of compensation, the court making the order may at any time before that sum has been paid in full, in its discretion, do all or any of the following things:
(a)
allow and extend time for the payment of that sum;
(b)
direct payment to be made of that sum by instalments;
(c)
order the attachment of any property, movable or immovable, belonging to the person —
(i)
by seizure;
(ii)
by appointing a receiver; or
(iii)
by directing any other person who owes money to the person to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the compensation sum;
(d)
direct that in default of payment of the compensation sum, that person must suffer imprisonment for a certain term, which imprisonment must be consecutive with any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence;
(e)
direct that that person be searched, and that any money found on him when so searched or which, in the event of his being committed to prison, may be found on him when taken to prison, shall be applied towards the payment of that sum; the surplus, if any, being returned to him.
(2) Before allowing time for payment of any sum under subsection (1)(a) or directing payment of it to be made by instalments under subsection (1)(b), the court may require that person to execute a bond with or without sureties on condition that he pays that sum or the instalments, as the case may be, on the day or days directed; and if that sum or any instalment is not paid as ordered, then the whole of that sum remaining unpaid becomes due and payable and the court may issue a warrant for the person’s arrest.
(3) Any money found on a person under subsection (1)(e) shall not be so applied if the court is satisfied that the money does not belong to the person on whom it was found.
(4) The term for which the court directs that person to be imprisoned in default of payment of the compensation sum shall not exceed the following scale:
(a)
when the money to be paid does not exceed $50, the imprisonment may be for any term not exceeding 2 months;
(b)
when the money to be paid exceeds $50 but does not exceed $100, the imprisonment may be for any term not exceeding 4 months;
(c)
in any other case, the imprisonment may be for a term not exceeding 6 months.
(5) The imprisonment which the court imposes under this section shall terminate whenever the money is paid or levied by process of law.
(6) If before the end of the period of imprisonment imposed in default of payment of the compensation sum, such a proportion of the money is paid or levied that the time of imprisonment already suffered in default of payment of the compensation sum is at least equivalent to the part of the sum still unpaid, then the imprisonment must end.
(7) If the person fails to pay the court the amount which he is directed to pay under subsection (1)(c)(iii), it shall be recoverable as though it were a judgment debt due to the court.
361. Any order for costs made under this Part shall be recoverable as a judgment debt.
362.
—(1) Where the court, whether on its own motion or the Public Prosecutor’s application, considers that a person has shown unusual courage, diligence or effort in the arrest of a person accused of having committed, attempted or abetted an offence punishable with death or imprisonment, then the court may order payment to him out of the Consolidated Fund of a sum of not more than $500.
(2) If a person is killed in trying to arrest or to keep in lawful custody any accused referred to in subsection (1), the Minister may order payment from the Consolidated Fund to the wife, husband, parent or child of the deceased of such money as appears reasonable compensation for the death.
363. A court holding any inquiry or trial under this Code which is conducted by the Public Prosecutor or by any officer of a public body, may, at its discretion, order payment out of the Consolidated Fund to any of the witnesses of the expenses they have incurred individually in attending that court, and compensation for their trouble and loss of time, subject to such regulations as may be prescribed by the Minister.