Court by which suspended Mentence is to be dealt with.
1967. c. 80.
*. 41.
14
sentence was passed, including the facts of the sub- sequent offence, and where it is of that opinion the court shall state its reasons.
(2) Where a court orders that a suspended sen. tence shall take effect, with or without any variation of the original term, the term of such sentence shall commence on the expiration of another term of im- prisonment passed on the offender by that or another court, unless the court is of opinion that, by reason of special circumstances, the sentence should take effect immediately.
(3) In proceedings for dealing with an offender in respect of a suspended sentence which take place before the Supreme 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 be determined by the court and not by the verdict of a jury.
(4) Where a court deals with an offender under this section in respect of a suspended sentence the clerk of the court shall notify the clerk of the court which passed the sentence of the method adopted.
(5) Where on consideration of the case of an offender a court makes no order with respect to a suspended sentence, the clerk of the court shall record that fact.
(6) For the purposes of any Ordinance conferring rights of appeal in criminal cases any such order made by a court shall be treated as a sentence passed on the offender by that court for the offence for which the suspended sentence was passed.
1990. (1) An offender may be dealt with in respect of a suspended sentence by any court before which he appears or is brought.
(2) Where an offender is convicted by a magis- trate of an offence punishable with imprisonment and the magistrate is satisfied that the offence was com- milled during the operational period of a suspended sentence passed by the Supreme Court or the District Court-
(a) the magistrate may, if he thinks fit, commit him in custody or on bail to the court having power to deal with him in respect of the suspended sentence; and
Discovery of Further offences. 1967, 4. 80,
Breach of condition.
15
(6) if he does not, shall give written notice of the conviction to the clerk of the court by which the suspended sentence was passed. (3) The court to which a magistrate commils an offender under subsection (2) shall be the court by which the suspended sentence was passed, except that the magistrate may commit him to some other court if, having regard to the time when and the place where he is likely to be dealt with in respect of the suspended sentence by the court by which that sentence was passed, it would be more convenient that he should be dealt with by that other court.
(4) For the purpose of this section and section 109E a suspended sentence passed on an offender on appeal shall be treated as having been passed by the court by which he was originally sentenced.
109%. (1) If it appears to a judge, a District Judge or a magistrate that an offender has been con- victed in the Colony of an offence punishable with imprisonment committed during the operational period of a suspended sentence and that he has not been dealt with in respect of the suspended sentence, the judge. District Judge or magistrate may issue a summons requiring the offender to appear at the place and time specified therein, or may, subject to the following provisions of this section, issue warrant for his arrest.
(2) A magistrate shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.
(3) A summons or warrant issued under this section shall direct the offender to appear or to be brought before the court by which the suspended Sentence was passed, but if a warrant is so issued requiring him to be brought before the Supreme Court or the District Court and he cannot forthwith be brought before that court because that court is not being held, the warrant shall have effect as if it directed him to be brought before a magistrate and the magistrate shall commit him in custody or on bail to the Supreme Court or District Court.
109F. If, during the operational period of a suspended sentence, an offender is guilty of the breach