50I.—(1) The Commissioner shall make a remission order in respect of a prisoner —
(a)
unless paragraph (b) applies, on the day after the day the prisoner has served whichever of the following that ends later:
(i)
two-thirds of all the consecutive terms of imprisonment to which the prisoner was sentenced;
(ii)
14 days of his sentence; and
(b)
where the prisoner is sentenced to any enhanced sentence under section 50T(1)(a), or for any offence under section 50Y(1), and to any other sentence of imprisonment, on the day after the day the prisoner has served whichever of the following that ends later:
(i)
the aggregate of —
(A)
all the terms of imprisonment to which he was sentenced as enhanced sentence under section 50T(1)(a), or for any offence under section 50Y(1); and
(B)
two-thirds of all the other consecutive terms of imprisonment (if any) to which he was sentenced;
(ii)
14 days of his sentence.
(2) Notwithstanding subsection (1), in determining whether a sentence is served for the purposes of making a remission order under subsection (1), each of the following periods, or if there is more than one such period, the aggregate of those periods, shall not be reckonable:
(a)
one-third of any time which the prisoner is confined in a punishment cell under this Act;
(b)
one-third of any time spent by the prisoner in a hospital through his own fault or malingering;
(c)
any period of remission which is forfeited under this Act, unless the forfeited remission is restored by the Superintendent;
(d)
any period of deferment which is ordered by the President under subsection (4); and
(e)
any other periods of time as may be prescribed.
(3) The Commissioner may defer making a remission order by not longer than 2 weeks in order to enable the execution of any punishment ordered by the court and which on the date the remission order would have been made under subsection (1) if not for this subsection, has not been executed.
(4) When a prisoner commits an offence while serving his sentence, the President may order the Commissioner not to make a remission order, or to defer making a remission order by such period as the President may specify, if the President is of the opinion that the offence is a grave offence, having regard to all the following factors:
(a)
the nature of the offence;
(b)
the punishment which the offence attracts;
(c)
the circumstances in which the offence was committed;
(d)
all other relevant circumstances.
Illustrations
(a) A prisoner is sentenced to 2 years’ imprisonment for the offence of theft under section 379 of the Penal Code (Cap. 224) and 1 years’ imprisonment for the offence of cheating under section 417 of the Code. Both sentences are ordered to run consecutively and the aggregate sentence is ordered to take effect from 1st January 2013. The prisoner will have served the requisite portion of his sentence (2 years) on 31st December 2014, and the Commissioner will be required to make a remission order on 1st January 2015.
(b) A prisoner is sentenced to 1 years’ imprisonment for the offence of theft under section 379 of the Penal Code and 2 years’ imprisonment as enhanced sentence under section 50T(1)(a). The prisoner’s sentence is ordered to take effect from 1st January 2013. The prisoner would have served the requisite portion of his sentence (2 years and 8 months) on 31st August 2015, and the Commissioner will be required to make a remission order on 1st September 2015.
(c) A prisoner is sentenced to 1 years’ imprisonment for the offence of theft under section 379 of the Penal Code. The sentence is ordered to take effect from 1st January 2013. While serving his sentence, the prisoner spent 3 months in hospital through his own fault. The Commissioner will be required to make a remission order on 1st October 2013.