s. 50 instead of any other sentence to which the offender may be liable. (2) The maximum fine that a court may impose under subsection (1) is the appropriate maximum specified in the specific provision or, if no maximum is specified there, then that specified in section 52. 50 Exercise of power to fine (1) If a court decides to fine an offender it must in determining the amount and method of payment of the fine take into account, as far as practicable, the financial circumstances of the offender and the nature of the burden that its payment will impose. (2) A court is not prevented from fining an offender only because it has been unable to find out the financial circumstances of the offender. (3) In considering the financial circumstances of the offender, the court must take into account any other order that it or any other court has made or that it proposes to make— (a) providing for the forfeiture of the offender's S. 50(3)(a) amended by property or the automatic forfeiture of the No. 108/1997 offender's property by operation of law; or s. 156(e). (b) requiring the offender to make restitution or pay compensation. (4) If the court considers— (a) that it would be appropriate both to impose a fine and to make a restitution or compensation order; but (b) that the offender has insufficient means to pay both—
instead of any other sentence to which the offender may be liable. (2) The maximum fine that a court may impose under subsection (1) is the appropriate maximum specified in the specific provision or, if no maximum is specified there, then that specified in section 52. 50 Exercise of power to fine (1) If a court decides to fine an offender it must in determining the amount and method of payment of the fine take into account, as far as practicable, the financial circumstances of the offender and the nature of the burden that its payment will impose. (2) A court is not prevented from fining an offender only because it has been unable to find out the financial circumstances of the offender. (3) In considering the financial circumstances of the offender, the court must take into account any other order that it or any other court has made or that it proposes to make— S. 50(3)(a) amended by No. 108/1997 s. 156(e). (a) providing for the forfeiture of the offender's property or the automatic forfeiture of the offender's property by operation of law; or (b) requiring the offender to make restitution or pay compensation. (4) If the court considers— s. 50 (a) that it would be appropriate both to impose a fine and to make a restitution or compensation order; but (b) that the offender has insufficient means to pay both—
91-49a140.docx