Amendment of
section 109A.
Addition of
new sections
1098, 109C 1090, 109E
109F, 1090
and 109H.
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10A. Section 109A of the principal Ordinance is amended by inserting after subsection (1) the following new subsection-
"(IA) This section shall not apply to a person who has been convicted of any offence which is declared to be an excepted offence by the Third Schedule.”.
11. The principal Ordinance is amended by adding, after section 109A, the following new sections--
Suspended scnlences of imprison- meat.
1967, 2. 80,
■ 39,
"Suspended sentences.
1098. (1) A court which passes a sentence of imprisonment for a term of not more than two years for an offence, other than an excepted offence, may order that the sentence shall not take effect unless, during a period specified in the order, being not less then one year nor more than three years from the date of the order, the offender commits in the Colony another offence punishable with imprisonment and thereafter a court having power to do so onders under section 109C that the original sentence shall take effect.
(2) A court which passes a suspended sentence on any person for an offence shall not make a proba- tion order in his case 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.
(3) On passing a suspended sentence the court- (a) may impose such conditions as it thinks fit; (b) shall explain to the offender in ordinary language his liability under section 109C if during the operational period he commits an offence punishable with imprisonment or breaks any condition imposed under para- graph (2).
(4) If a court has passed a suspended sentence on any person, and that person is subsequently sen- tenced to detention in a training centre, he shall cease to be liable to be dealt with in respect of the sus- pended sentence unless the subsequent sentence or any conviction or finding on which it was passed is quashed on appeal.
(5) Subject to any provision to the contrary con- tained in this or any other Ordinance-
(a) a suspended sentence which has not taken effect under section 1090 shall be treated
Power of court on conviction
of further offence to deal with suspended
senterice, 1967, 2, 80.
F. 40.
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as a sentence of imprisonment for the pur- poses of all Ordinances except any Ordin ance which provides for disqualification for or loss of office, or forfeiture of pensions, of persons sentenced to imprisonment; and
(b) where a suspended sentence has taken effect under section 1090, the offender shall be treated for the purposes of the said excepted Ordinances as having been convicted on the ordinary date on which the period allowed for making an appeal against an order under section 1090 expires or, if such an appeal is made, the date on which it is finally dis- posed of or abandoned or fails for non- prosecution.
109C. (1) 1 an offender is convicted of an offence punishable with imprisonment committed during the operational period of a suspended sen- tence or if, during such period, he breaks a condition imposed under paragraph (a) of subsection (3) of section 109B and either be is so convicted by or before a court having power under section 109D to deal with him in respect of the suspended sentence or he subsequently appeats or is brought before such a court, then, unless the sentence has already taken effect. that court shall consider his case and deal with him by one of the following methods-
(a) the court may order that the suspended sen- tence shall take effect with the original term unaltered;
(b) it may order that the sentence shall take effect with the substitution of a greater or lesser term for the original term;
(c) it may by order vary the original order under subsection (1) of section 109B by substituting for the period specified therein a period expiring not later than three years from the date of the variation; or
(d) it may make no order with respect to the
suspended sentence,
and a court shall make an order under paragraph (∞) of this subsection unless the court is of opinion that it would be unjust to do so in view of all the circumstances which have arisen since the suspended