Criminal Code Act 1907 CONSOLIDATED - Politics.bm

Title 8Laws of Bermuda Item 31to imprisonment, the court which sentences the offender for the furtheroffence shall order that the suspended sentence shall take effect unlessit is of the opinion that it is unjust to do so in view of all thecircumstances which have arisen since the suspended sentence wasimposed, including the further offence.(6) Where a court decides under subsection (5) that it would beunjust for a suspended sentence to take effect, the court shall—(a) order that the suspended sentence—(i) take effect with a substitution of a lesser term ofimprisonment; or(ii) be cancelled and be replaced by any non-custodialsentence that could have been imposed on theoffender at the time when the offender was convictedof the offence for which the suspended sentence wasimposed; or(b) decline to make any order referred to in paragraph (a)concerning the suspended sentence.(7) Where pursuant to subsection (5) or subsection (6) a courtorders that the suspended sentence shall take effect, the sentence shallcommence on the date of the making of that order.(8) Where a court imposes a suspended sentence for oneoffence, the court may also impose suspended sentences undersubsection (1) for other offences for which the offender has appeared forsentence, so long as the total period of all suspended sentences to whichthe offender is subject does not exceed 5 years from the date of thecommencement of the first such sentence, and, where two or moresuspended sentences are imposed on an offender, the sentences shall beserved concurrently.(9) For the purposes of any Act conferring rights of appeal incriminal cases any order made by a court under this section shall betreated as a sentence passed on the offender by that court for the offencefor which the suspended sentence was passed.[Section 70K inserted by 2001:29 effective 29 October 2001]Intermittent sentences70L (1) Where the court imposes a sentence of imprisonment of 90days or less on an offender convicted of an offence, the court may, havingregard to—(a) the age and character of the offender;(b) the nature of the offence and the circumstancessurrounding its commission; and61