Suspended sentences

(1) A court which passes a sentence of imprisonment on an offender for a term of not more than three years (not being an offence for which a mandatory minimum sentence is imposed by law) for an offence may suspend the sentence by ordering that the sentence shall not take effect unless, (a) during a period specified in the order, being not less than twelve months nor more than three years from the date of the order, (in this Act referred to as “the operational period”) the offender commits in Belize another offence punishable with imprisonment for a period exceeding six months (hereafter in this 16 (Alternative Sentences) section and sections 9 and 10 of this Act, referred to as a “subsequent offence”); and (b) thereafter a court having power to do so orders under section 9 that the original sentence shall take effect. (2) A sentence for an offence specified in section 7(10) of this Act, shall not be suspended and notwithstanding any Act or law to the contrary, a criminal court shall only suspend the sentences of offenders who have committed the offences specified in First Schedule hereto. (3) A court shall not deal with an offender by means of a suspended sentence unless the case appears to the court to be one in respect of which a sentence of imprisonment would have been appropriate in the absence of power to suspend such a sentence by an order under subsection (1) of this section. (4) Where a court passes a suspended sentence on an offender in respect of an offence and also a term of imprisonment in respect of another offence, the court shall direct that the suspended sentence be concurrent with the term of imprisonment. (5) On passing a suspended sentence, the court shall explain to the offender in ordinary language, the offender’s liability under section 9, if the offender commits a subsequent offence during the operational period.