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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 28EConcurrent offences and punishments in relation to suspended sentence.

Sub-title II

In forceOfficial text

(1) Where an offender is sentenced for more than one crime in accordance with the provisions of article 17(b), an order under article 28A(1) may be made if the single term of imprisonment deemed appropriate and fixed by the court in the sentence so suspended does not exceed two years and if the other conditions for a suspended sentence to be passed apply.

(2) Deleted by: III.2002.13.

(3) Where the Court of Magistrates convicts an offender of an offence punishable with imprisonment committed during the operational period of a suspended sentence passed by the Criminal Court, it shall, after making the declaration of guilt of the offender in respect of such offence and stating its conclusion, where it is so satisfied, that the appropriate punishment for that offence is imprisonment, refer the case for the determination of the punishment to the Criminal Court by committing the offender to that court as provided in article 28C(2) without pronouncing the term of imprisonment for the further offence: Provided that if the Criminal Court does not make an order under article 28B(1), it shall determine the term of imprisonment for the further offence only.

(4) Deleted by: III.2002.13.

(5) No court dealing with an offender as provided in article 28C and in this article may vary the term of imprisonment awarded in the suspended sentence by reducing such term, except in so far as may be necessary for the purpose of compliance with the provisions of article 17(b).

Amendment history
  • Amended by III.2002.13