Penalties and Sentences Act 1992

A court mentioned in section 146(2), (2A), (4) or (6) that deals with the offender for the suspended imprisonment may—

order—

that the operational period be extended for not longer than 1 year; or

if the operational period has expired when the court is dealing with the offender—

that the offender’s term of imprisonment be further suspended; and

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

order the offender to serve the whole of the suspended imprisonment; or

order the offender to serve the part of the suspended imprisonment that the court orders.

The court must make an order under subsection (1)(b) unless it is of the opinion that it would be unjust to do so.

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—

whether the subsequent offence is trivial having regard to—

the nature of the offence and the circumstances in which it was committed; and

the proportion between the culpability of the offender for the subsequent offence and the consequence of activating the whole of the suspended imprisonment; and

the antecedents and any criminal history of the offender; and

the prevalence of the original and subsequent offences; and

anything that satisfies the court that the prisoner has made a genuine effort at rehabilitation since the original sentence was imposed, including, for example—

the relative length of any period of good behaviour during the operational period; and

community service performed; and

fines, compensation or restitution paid; and

anything mentioned in a pre-sentence report; and

the degree to which the offender has reverted to criminal conduct of any kind; and

the motivation for the subsequent offence; and

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

any special circumstance arising since the original sentence was imposed that makes it unjust to impose the whole of the term of suspended imprisonment.

If the court is of the opinion mentioned in subsection (2), it must state its reasons.

In this section—

the operational period of an order made under section 144 for the original offence; or

an extension of the operational period ordered under section 147(1)(a)(i) for the original offence; or

a further stated operational period ordered under section 147(1)(a)(ii)(B) for the original offence.