South Australian Numbered Acts

CRIMINAL LAW (SENTENCING) (SUSPENDED SENTENCES) AMENDMENT ACT 2014 (NO 10 OF 2014) - SECT 6

6—Amendment of section 58—Orders that court may make on breach of bond

        (1)         Section 58(4)—after paragraph (b) insert:

            (baa)         may, in the case of a probationer whose sentence of imprisonment was partially suspended under section 38(2b) and even if the term of the sentence now to be served in custody is less than 1 year, fix or extend a non-parole period taking into account the time spent in custody by the probationer before being released on the bond;

        (2)         Section 58(4)(c)—delete paragraph (c) and substitute:

            (c)         may direct that—

                  (i)         in the case of a sentence partially suspended under section 38(2a) or (2b)—any part of the sentence that the probationer has not served in custody; or

                  (ii)         in any other case—the suspended sentence,

be cumulative on any other sentence, or sentences, of imprisonment then being served, or to be served, by the probationer.