TONGA

CRIMINAL OFFENCES (AMENDMENT) ACT 2004

Act 16 of 2004

AN ACT TO AMEND THE CRIMINAL OFFENCES ACT 2004

I assent,

TAUFA'AHAU TUPOU IV,
24th March, 2005

[20th October, 2004]

BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. (1) This Act may be cited as the Criminal Offences (Amendment) Act 2004.

(2) The Criminal Offences Act (Cap. 18) as amended, is in this Act referred to as the Principal Act.

2. Section 188 of the Principal Act is amended by:

(i) deleting the figure "75" that appears in subsection (1) and substituting it with the figure "100";

(ii) deleting the figure "200" that appears in subsection (2) and substituting it with the figure "400";

(iii) inserting the following as subsection (3):

"3. Where a person is prosecuted and convicted under subsection (1) for the second time, he shall be liable to a fine not exceeding $200, and where the same person is prosecuted and convicted under subsection (1) for a third time, he shall be liable to a fine not exceeding $500. and if such fine shall not be paid within the specified period by the magistrate at the time of conviction, the magistrate shall commit the defendant for any period not exceeding 1 month.";

(iv) inserting the following as subsection (4)

"4. Where a person is prosecuted and convicted under subsection (2) for the second time, he shall be liable to a fine not exceeding $1000, and if such fine shall not be paid within the specified period by the magistrate at the time of conviction. the magistrate shall commit the defendant for any period not exceeding 6 months, and where the same person is prosecuted and convicted under subsection (2) for a third time, the magistrate at the time of conviction shall commit the defendant to prison for any period not exceeding 1 year."

Passed by the Legislative Assembly this 20th day of October. 2004.

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