Section 24Part 2 — Punishments
Power of court to deal with suspended sentence
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24. (1) Where an offender is convicted in the Islands of an offence punishable with imprisonment committed during the continuance of a suspended sentence made under section 22(4) and either the offender is so convicted by or before a court having power under section 25 to deal with the offender in respect of such sentence or the offender subsequently appears or is brought before such a court, then, unless the suspended sentence has already taken effect, that court shall consider the offender’s case and deal with the offender by —
ordering that it shall take effect with the original term unaltered;
ordering that it shall take effect with the substitution of a lesser term for the original term;
substituting for the period specified therein a period expiring not later than two years from the date of the substitution; or
making no order with respect to it, and it shall make an order under paragraph (a) unless it is of opinion that it would be unjust to do so in view of all the circumstances which have arisen since the suspended sentence was passed, including the facts of the subsequent offence, and where it is of that opinion it shall state its reasons.
Where a court orders that a suspended sentence shall take effect, with or without any variation of the original term, it may order that such sentence shall take effect immediately or that the term thereof shall commence on the expiration of another term of imprisonment passed on the offender by that or another court.
Where a court deals with an offender under this section in respect of a suspended sentence it shall notify the court which passed the sentence of the method adopted.
Where on consideration of the case of an offender a court makes no order with respect to a suspended sentence, it shall record that fact.
For the purposes of any law conferring rights of appeal in criminal cases, any order made by the court with respect to a suspended sentence shall be treated as a sentence passed on the offender by that court for the offence for which the suspended sentence was passed.