Criminal Code (Cap. 9), article 28B

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 alre ady taken effect, that court shall order that the suspended sentenc e shall take effect. (2) If the further offence comm itted during the operational period is of an involuntary natur e or if, in the case of any ot her kind of offence, the court is of opinion, in view of all the circums tances including the facts of such further offence, that it would be u njust to make an order under sub-arti cle (1), it may deal with the offender by one of the following methods - (a) it may abstain from making an order under sub-article (1) and the operational pe riod 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 24 CAP. 9.] CRIMINAL CODE years from the dat e of the variation: Provided that if it does not make an order under sub-article (1) the court shal l state its reasons. (3) In proceedings for dealing wi th an offender in respect of a suspended sentence which take place before the Criminal Court a ny question whether the offender ha s been convicted of an offence punishable with imprisonment committed during the operational period of the suspended senten ce 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 necessa ry 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.