22 CAP. 9.] CRIMINAL CODE (2) If the further offence committed during the operational period is of an involuntary nature or if, in the case of any other kind of offence, the court is of opinion, in view of all the circumstances including the facts of such further offence, that it would be unjust to make an order under subarticle (1), it may deal with the offender by one of the following methods (a) it may abstain from making an order under subarticle (1) and the operational period shall then remain in force; or (b) it may by order vary the original order under article 28A(1) by substituting for the operational period specified therein a period expiring not later than four years from the date of the variation: Provided that if it does not make an order under subarticle (1) the court shall state its reasons. (3) In proceedings for dealing with an offender in respect of a suspended sentence which take place before the Criminal Court any question whether the offender has been convicted of an offence punishable with imprisonment committed during the operational period of the suspended sentence shall, notwithstanding the provisions of article 436(2) and of article 467, be determined by the court and not by the verdict of a jury. (4) Where a court deals with an offender under this article in respect of a suspended sentence passed by another court the registrar shall, by means of a copy, notify forthwith the court which passed the sentence of the method adopted. (5) Where a court deals with an offender under this article the registrar shall make the necessary annotations in the special register mentioned in article 28A(8). Competent court for dealing with suspended sentence. Added by: XXIX. 1990.3. Amended by: VIII. 1990.3; III. 2002.11. 28C. (1) An offender may be dealt with in respect of a suspended sentence by the Court of Criminal Appeal, by the Criminal Court or, where the sentence was passed by the Court of Magistrates, by such court. (2) Where an offender is convicted by the Court of Magistrates of an offence punishable with imprisonment and the court is satisfied that the offence was committed during the operational period of a suspended sentence passed by the Criminal Court, that court shall commit the offender in custody or on bail before the Criminal Court for the purpose of being dealt with in respect of the suspended sentence: Provided that where the Court of Magistrates is of the opinion that the appropriate punishment for the further offence is imprisonment, the provisions of article 28E(3) shall apply. (3) For the purposes of this article and of articles 28D and 28E (a) a suspended sentence passed on an offender on appeal shall be deemed to have been passed by the court from which the appeal was made;