Criminal Code (Cap. 9), article 28A

28A. (1) Subject to sub-articles (2) to (7) and to articles 28B to 28I, a court which passes a sent ence of imprisonm ent for a term of not more than two years for an offence may order that the sente nce shall not take effect unless, during a period specified in the order, being not less than one year or more than four years from the d ate of the order, the offender comm its another offence punishable w ith imprisonment and thereafter a court competent to do so orders under article 28B that the origin al sentence shall take effect; and in this article and whenever it o ccurs in articles 28B to 28G and in article 28I "operational period", in relation to a suspended sentence, means the pe riod so specified. (2) A court shall not deal with an offender by means of a suspended sentence unless the cas e appears to the court to be o ne in which a sentence of imprisonment would have been appropriate in the absence of any power to suspen d such a sentence by an order under sub-article (1). Cap. 446. (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. (4) On passing a suspended sentence the court shall explain to the offender in ordinary language his liability under article 2 8B 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 i n sub-article (1), to be a sentence awarding punishment and nothi ng CRIMINAL CODE [CAP. 9. 23 in this article shall b e 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 articl e 50, be deemed to have expired on the expiration of the original operational period referred to in sub-article (1) or of the ope rational period substituted therefore as provided in article 28B(2)( b). (6) The provisions of sub-article (1) shall not apply to any imprisonment awarded in default of payment of a fine ( multa ) or of costs. (7) An order under sub-article (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; Cap. 446. (c) where the offence has been committed during a period of probation or of conditional discharge under the Probation Act . (8) The registrar shall keep a special register of offenders dea lt with by means of a suspended sentence. Commission of an offence during the operational period. Added by: XXIX.1990.3.