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PENALTIES AND SENTENCES ACT 1992 - SECT 147
Power of court mentioned in s 146
147 Power of court mentioned in s 146
(1) A court mentioned in section 146 (2) , (2A) , (4) or (6) that deals with
the offender for the suspended imprisonment may— (a) order— (i) that the
operational period be extended for not longer than 1 year; or
(ii) if the
operational period has expired when the court is dealing with the offender—
(A) that the offender’s term of imprisonment be further suspended; and
(B)
that the offender be subject to a further stated operational period of not
longer than 1 year during which the offender must not commit another offence
punishable by imprisonment if the offender is to avoid being dealt with under
section 146 for the suspended imprisonment; or
(b) order the offender to
serve the whole of the suspended imprisonment; or
(c) order the offender to
serve the part of the suspended imprisonment that the court orders.
(2) The
court must make an order under subsection (1) (b) unless it is of the opinion
that it would be unjust to do so.
(3) In deciding whether it would be unjust
to order the offender to serve the whole of the suspended imprisonment the
court must have regard to— (a) whether the subsequent offence is trivial
having regard to— (i) the nature of the offence and the circumstances in
which it was committed; and
(ii) the proportion between the culpability of
the offender for the subsequent offence and the consequence of activating the
whole of the suspended imprisonment; and
(iii) the antecedents and any
criminal history of the offender; and
(iv) the prevalence of the original and
subsequent offences; and
(v) anything that satisfies the court that the
prisoner has made a genuine effort at rehabilitation since the
original sentence was imposed, including, for example— (A) the relative
length of any period of good behaviour during the operational period; and
(B)
community service performed; and
(C) fines, compensation or restitution paid;
and
(D) anything mentioned in a pre-sentence report; and
(vi) the degree to
which the offender has reverted to criminal conduct of any kind; and
(vii)
the motivation for the subsequent offence; and
(b) the seriousness of the
original offence, including any physical or emotional harm done to a victim
and any damage, injury or loss caused by the offender; and
(c) any special
circumstance arising since the original sentence was imposed that makes it
unjust to impose the whole of the term of suspended imprisonment.
(4) If the
court is of the opinion mentioned in subsection (2) , it must state its
reasons.
(5) In this section—
"original offence" means the offence for which a term of imprisonment has been
suspended under section 144 (1) .
"original sentence" means the sentence imposed for the original offence.
"subsequent offence" means the offence committed during— (a) the
operational period of an order made under section 144 for the
original offence; or
(b) an extension of the operational period ordered under
section 147 (1) (a) (i) for the original offence; or
(c) a further stated
operational period ordered under section 147 (1) (a) (ii) (B) for the
original offence.
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