1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 76

1988 Ed.]

Criminal Procedure

[CAP. 221

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(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.

Court by which suspended sentence is to be dealt with

(Added, 5 of 1971, s. 11) [cf. U.K. 1967 c. 80, s. 40]

109D. (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 magistrate of an offence punish- able with imprisonment and the magistrate is satisfied that the offence was committed during the operational period of a suspended sentence passed by the High 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

(b) 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 commits an offender under subsec- tion (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.

(Added, 5 of 1971, s. 11) [cf. U.K. 1967 c. 80, s. 41]

Discovery of further offences

109E. (1) If it appears to a judge, a District Judge or a magistrate that an offender has been convicted 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 a 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 High Court or the District Court and he cannot forthwith be brought