Execution of fine and compensation orders

If a person is convicted by Court to serve jail term, pay a fine and pay compensation to the victim of the crime but the offender fails to pay the fine and/or compensation, how can the fine and/or compensation be enforced against the offender?
PL, Dar

It is important to note that fine and compensation are listed under section 25(d)(f) of the Penal Code [Cap. 16 R.E 2019] as one of the forms of penalties which a Court may impose upon an offender. Fine and custodial sentence may be imposed to run concurrently where the provisions creating the offence charged prescribes both offences by using the word ‘and’ conjunctively.

Procedure for execution of fine and compensation orders is addressed by sections 327 to 336 and 348(3) of the Criminal Procedure Act [Cap. 20 R.E 2019]. Where an offender fails or refuses to pay a fine imposed on him or her by the Court or compensate the victim the full amount ordered by the Court, the prosecutor may apply to the Court for a distress warrant to recover the fine or compensation from the movable or immovable property of the offender. In case the offender has no property or has insufficient property not capable of fully satisfying the amount of fine or compensation ordered, the Court may convert the fine or compensation to prison term. If the original commitment warrant does not address the conversion of fine and compensation to imprisonment, the Court will be required to issues a new warrant to specifically convert the fine and/or compensation to prison term in default to pay fine or compensation.

The Criminal Procedure Act does not provide a formula for conversion of fines imposed in addition to jail term or compensation awarded to the victim to imprisonment where the offender defaults to make such payment as ordered. However, section 336 of the Criminal Procedure Act limits the prison term for failure to pay compensation or fine to a maximum of 6 months jail term unless the provisions under which the offender was convicted allows imposing a longer term than 6 months for failure to pay the fine or compensation.

Section 348(3) of the Criminal Procedure Act bars enforcement of compensation orders if the convict is pursuing a right of appeal. It is only after the offender has exhausted his/her right to appeal that the compensation order can be enforced.