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of the District Court to enforce a suspended sentence for a longer period has been
conditionallyextended byOrder 25 Rules 3 and4 which provides:
294
Issue of Warrants in execution of Court Orders
Rule 3: Where the Court, upon imposing a sentence of imprisonment,
conditionally suspends the execution thereof, it may, upon the application of the
prosecution issue a Warrant of Committal on being satisfied of the failure of the
accusedto complywith the terms upon which the saidsentence was suspended.
Rule 4: Where by order, the execution of a sentence of imprisonment has been
conditionallysuspended; no Warrant shall be issued to enforce such sentence, later
than six months from the expiration of the time fixed by the said order for the
performance of the condition. (District Court Rules 1997). 119
This Rule has been interpreted by the Judges of the District Court as extending the time
allowed for the activation of the penaltyto include the operative period and a period of six
months thereafter, provided the sentence is suspended subject to the fulfilment of a
condition. In other words, if the District Court imposes a conditional sentence of six
months imprisonment and then suspends the penalty whether by a recognisance or
otherwise, on condition that the offender does not receive a further conviction within two
years, Order 25 Rule 4 allows the District Court to activate the sentence at anytime for the
period of the suspension, in this case two years plus a period of six months thereafter
allowedunder the Rule.
Thus, the six month time limit imposed upon the activation of the District Court
suspended sentence may be avoided provided the court specifies precisely the period for
the fulfilment of the condition. The District Court has jurisdiction to impose consecutive
custodial sentences to a maximumof 24 months. 120
119 Osborough (1982:255) has observed that this rule in respect of the 1948 District Court Rules, while ostensibly a procedural rule set out in secondary
legislation, may import aspects of substantive or primary law. The making of substantive lawwithin a rules making committee would be ultra vires their
powers which are limited to prescribe onlyrules of practice andprocedure. As noted, the limitingprovisions of six months on the issuance of a Warrant may
be avoided under the 1997 District Court Rules provided the suspended sentence is made subject to the fulfilment of that condition which will endure for the
entiretyof the periodof suspension.
120 Criminal Justice Act, 1951, Section 5 as amendedbyCriminal Justice Act, 1984, Section 12(2).