14.—(1) Subject to subsection (4), where a court orders the defendant to pay any amount under section 4 or 5, section 319 of the Criminal Procedure Code 2010 shall have effect as if —
(a)
that amount were a fine imposed on him by the court; and
(b)
the term for which the court directs the defendant to be imprisoned in default of payment of any amount under section 4 or 5 shall be as follows:
(i)
if the amount does not exceed $20,000, imprisonment for a term not exceeding 2 years;
(ii)
if the amount exceeds $20,000 but does not exceed $50,000, imprisonment for a term not exceeding 5 years;
(iii)
if the amount exceeds $50,000 but does not exceed $100,000, imprisonment for a term not exceeding 7 years; and
(iv)
if the amount exceeds $100,000, imprisonment for a term not exceeding 10 years.
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[15/2010 wef 02/01/2011]
(2) Where —
(a)
a warrant to commit the defendant to prison is issued for a default in payment of an amount ordered to be paid under section 4 or 5 in respect of an offence or offences; and
(b)
at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences,
the term of imprisonment to be served in default of payment of the amount shall not begin to run until after the term mentioned in paragraph (b).
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(3) A District Court may, notwithstanding the provisions of any other written law, impose the maximum term of imprisonment on the defendant in default of the payment of any amount ordered to be paid under section 4 or 5.
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(4) Where a defendant is convicted of a drug trafficking offence or a serious offence, as the case may be, and sentenced to death, any amount which the court orders the defendant to pay under section 4 or 5 may, on an application by the Public Prosecutor to the High Court, be realised by the High Court exercising the powers conferred by section 19(3) to (7).
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(5) Where a defendant is convicted of a drug trafficking offence or a serious offence, as the case may be, any amount which the court orders the defendant to pay under section 4 or 5 and which, in the case of realisable property comprising wholly or partly cash, may be realised by the High Court making a garnishee order subject to Rules of Court.