Enforcement of national penalties - fines

Grenada

Grenada - Criminal Procedure Code 1897 (1993) EN

''TITLE VII, Payment of Costs and Compensation 32, When costs may be ordered''

Whenever an order is made against any person charged with a summary offence, or an accused person is convicted of an indictable offence, the Court may, in addition to any sentence it may pass on him or her, order the person to pay such a sum for costs as the Court shall fix, and as may appear to it just and reasonable.
Whenever a complaint is dismissed, the Court may order that the complainant shall pay to the defendant such costs as the Court shall deem just and reasonable, and, if the Court is of the opinion that the complaint was frivolous or vexatious, it may also order that the complainant shall pay to the defendant a sum, not exceeding nine dollars and sixty cents, as compensation for any trouble or expense to which the defendant may have been put by reason of such complaint, in addition to his or her costs.

''TITLE IX Enforcement of Recognisance, 46. Mode of enforcing recognisance''

(1) Where a recognisance is conditioned for the appearance of any person before the
Court or for his or her doing some other act or things to be done in, to, or before the Court
or in a proceeding in the Court, the Court may, if the recognisance appears to the Court to
be fortified, declare it to be forfeited, and enforce payment of the sum due thereunder in
the same manner as if the sum were a fine adjudged by the Court to be paid, and were
ascertained by an order:
Provided, however, that the Court may at any time cancel or mitigate the forfeiture,
upon the person liable applying and giving security, to the satisfaction of the Court, for
the future performance of the condition of the recognisance, and paying, or giving
security for the payment of, the costs incurred in respect of the forfeiture, or upon such
other conditions as the Court may think just:
Provided also that, if it appears to the Court that a warrant of distress should not,
under the provisions hereinbefore contained, be issued against the person liable under the
recognisance, but that the person has real property, the Court may, if it thinks fit,
postpone the issue of a warrant of commitment against him or her and transmit the
recognisance to the Registrar, together with a description of such property.
(2) Every recognisance so transmitted shall have the same effect on such property as
an order by the Supreme Court for the sale of that of a judgement debtor, and the
Registrar shall act accordingly
(3) Where a recognisance to keep the peace, or to be of good behaviour, or not to do
or commit some act or thing has been entered into by any person as principal or surety
before the Court, the Court may, upon proof of the conviction of the person bound as
principal by the recognisance of any offence which is by law a breach of the condition of
the same, by order adjudge the recognisance to be forfeited, and adjudge the persons
bound thereby, whether as principal or sureties, or any of them, to pay the sums for which
they are respectively bound; and the recognisance shall be dealt with in the manner herein
before mentioned.
(4) All sums paid or recovered in respect of any recognisance declared or adjudged by
the Court in pursuance of this section to be forfeited shall be paid into the Court, and
accounted for in the manner in which fines imposed by the Court are accounted for.

''BOOK II Procedure Relating to Summary Offences, PART III Hearing and Subsequent Proceedings, TITLE XIV Miscellaneous Matters, 91. Reduction of imprisonment on part payment of sums adjudged to be paid''

Where a term of imprisonment is imposed in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order that term shall, on payment of a part of such sum be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days in the term as the sum paid bears to the sum adjudged to be paid:

Provided that, in reckoning the number of days by which any term of imprisonment would be reduced under this section, the first day of imprisonment shall not be taken into account, and that in reckoning the sum which will secure the reduction of a term of imprisonment amounts under two cents shall be omitted.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.