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Subsequent offence during operational period

Cap. 102:01, s. 9 · Revised Edition 2020

(1) Subject to subsection (3) of this section, where an offender is convicted of a subsequent offence committed during the operational period of a suspended sentence, the court by or before which the offender is convicted of the subsequent offence may order that the suspended sentence shall take effect with the original term unaltered; or the court (Alternative Sentences) 17 may substitute a lesser term of imprisonment for the original term. (2) Where a court deals with an offender in respect of a suspended sentence passed by another court, the first court shall notify the latter court of the manner in which the offender was dealt with. (3) Where a court referred to in paragraph (a) or (b) of section 5 convicts an offender of an offence in respect of which a suspended sentence passed by a court referred to in paragraph (c), (d) or (e) of section 5 of this Act is in operation, the first court shall forward to the Registrar of the latter court a certificate signed by the clerk of the first court and under the seal of that court certifying that the offender has been convicted of a subsequent offence, together with such other particulars of the case as the first court may consider necessary; whereupon a Judge of the latter court before whom the offender is brought may, without prejudice to the order of the first court with respect to the subsequent offence, order that the suspended sentence shall take effect either with the original term unaltered or with the substitution of a lesser term for the original term.
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