CRIMINAL CODE
[CAP. 9.
(3) A court which passes a suspended sentence on any person
for an offence shall not make in his case a probation order, as
provided in the Probation Act, in respect of another offence of
which he is convicted by or before the court or for which he is dealt
with by the court.
21
Cap. 446.
(4) On passing a suspended sentence the court shall explain to
the offender in ordinary language his liability under article 28B if
during the operational period he commits an offence punishable
with imprisonment.
(5) A suspended sentence which has not taken effect shall for
all intents and purposes of law be deemed, except as provided in
subarticle (1), to be a sentence awarding punishment and nothing in
this article shall be deemed to effect (a) the applicability of any other punishment which may
be awarded, or any suspension, cancellation,
disqualification, forfeiture, loss or removal which may
be ordered, together with the punishment of
imprisonment so suspended; and
(b) the operation of articles 383, 384, 385, 386, 387 and
533.
(5A) Without prejudice to the provisions of article 28F, the
punishment awarded under a suspended sentence when that
sentence has not taken effect shall, for the purposes of article 50, be
deemed to have expired on the expiration of the original
operational period referred to in subarticle (1) or of the operational
period substituted therefore as provided in article 28B(2)(b).
(6) The provisions of subarticle (1) shall not apply to any
imprisonment awarded in default of payment of a fine (multa) or of
costs.
(7) An order under subarticle (1) shall not be made in any of
the following cases (a) where the person sentenced is already serving a
sentence of imprisonment;
(b) where the person sentenced is a recidivist within the
terms of article 50;
(c) where the offence has been committed during a period
of probation or of conditional discharge under the
Probation Act.
Cap. 446.
(8) The registrar shall keep a special register of offenders dealt
with by means of a suspended sentence.
28B. (1) Where an offender is convicted of an offence
punishable with imprisonment committed during the operational
period of a suspended sentence and either he is so convicted by or
before a court competent under article 28C to deal with him in
respect of the suspended sentence or he subsequently appears or is
brought before such a court, then, unless the sentence has already
taken effect, that court shall order that the suspended sentence shall
take effect.
Commission of an
offence during the
operational period.
Added by:
XXIX. 1990.3.