CRIMINAL CODE [CAP. 9. 23 (b) the Juvenile Court shall be deemed to be a Court of Magistrates (Malta) or a Court of Magistrates (Gozo), as the case may be. 28D. (1) If it appears to the Court of Criminal Appeal, to the Criminal Court or to the Court of Magistrates that an offender has been convicted of an offence punishable with imprisonment committed during the operational period of a suspended sentence and that he has not been dealt with in respect of the suspended sentence, that court shall, either ex officio or on the application of the Attorney General or of the Executive Police, as the case may require, issue a summons ordering the offender to appear before it on a date and at a time specified therein, or a warrant for his arrest. Suspended sentence not dealt with on conviction of further offence. Added by: XXIX.1990.3. Amended by: VIII. 1990.3; III. 2002.12. (2) A summons or warrant issued under this article shall direct the offender to appear or to be brought before the court in order to be dealt with in respect of the suspended sentence. 28E. (1) Where an offender is sentenced for more than one crime in accordance with the provisions of article 17(b), an order under article 28A(1) may be made if the single term of imprisonment deemed appropriate and fixed by the court in the sentence so suspended does not exceed two years and if the other conditions for a suspended sentence to be passed apply. (2) Deleted by: III. 2002.13. (3) Where the Court of Magistrates convicts an offender of an offence punishable with imprisonment committed during the operational period of a suspended sentence passed by the Criminal Court, it shall, after making the declaration of guilt of the offender in respect of such offence and stating its conclusion, where it is so satisfied, that the appropriate punishment for that offence is imprisonment, refer the case for the determination of the punishment to the Criminal Court by committing the offender to that court as provided in article 28C(2) without pronouncing the term of imprisonment for the further offence: Concurrent offences and punishments in relation to suspended sentence. Added by: XXIX.1990.3. Amended by: VIII. 1990.3; III. 2002.13. Provided that if the Criminal Court does not make an order under article 28B(1), it shall determine the term of imprisonment for the further offence only. (4) Deleted by: III. 2002.13. (5) No court dealing with an offender as provided in article 28C and in this article may vary the term of imprisonment awarded in the suspended sentence by reducing such term, except in so far as may be necessary for the purpose of compliance with the provisions of article 17(b). 28F. In dealing with an offender for an offence punishable with imprisonment committed during the operational period of a suspended sentence the court shall consider him a recidivist within the meaning of article 49 for the purpose of assessing any punishment to which he is liable for such further offence, but the punishment awarded under the suspended sentence shall not be taken into account for the purposes of article 50 unless such Recidivists. Added by: XXIX.1990.3.