Penal Code (Amendment) Act No. 3 of 2019

REPUBLICOF KIRIBATI (No.3 of 2019) I assent, ~- Commencement: L<ft.t/ 2019 AN ACT entitled AN ACT TO AMEND THE PENAL CODE. MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti Short title l. ThisAct may be cited as the Penal Code (Amendment) Act 2019 Insertion of new section 44A 2. Section 44A is hereby inserted as follow:- Dicsreation to suspend sentence may not be exercises. 44A. Notwithstanding section 44( 1), the Court shall not exercise its discretion to suspend sentences where a weapon is used or involved in the commission of an offence. • ------------------------ ------------------------ Explanatory Memorandum The Amendment was made base on an increase in number of cases that. involves the use of a weapon. Under section 44, the court has a discreation to suspend a sentence that is less than 2 years. The new section will give the court a mandate not to apply section 44 where a weapon was involved or used during the commission of an offence. The rational behind this is to given members of the public assurance that the law and the coud will not torelates offences being committed with the used Of involvement of a weapon. Hon Natan Teewe Minister for Justice CERTIFICATE OF THE CLERK OF THE MANEABA NI MAUNGATABU This printed impression of the Penal Code (Amendment) Act has been carefully examined by me with the Bill which passed the Maneaba ni Maungatabu on the 4th April 2019 and is found by me to be a true and correctly printed copy of the said Bill. ~I ...·~·-···· Eni Tekanene Clerk of the Maneaba ni Maungatabu 02----.( ······~-·~·-····· Eni Tekanene Clerk of the Maneaba ni Maungatabu