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.

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