Additional powers to deal with s. 84J offender
84L Additional powers to deal with s. 84J offender
A court that is required by section 84K or 84R to deal with a person under this section must deal with the person by one of the following methods —
unless an order under this paragraph, paragraph (b) or section 84F(1)(a) or (b) has already been made, it may order the person to serve the term or terms of imprisonment that were suspended;
unless an order under this paragraph, paragraph (a) or section 84F(1)(a) or (b) has already been made, it may order the person to serve part of the term or terms of imprisonment that were suspended (even if the period ordered to be served is 6 months or less);
unless the suspension period has ended, it may substitute another suspension period of not more than 24 months for the suspension period originally set; the new suspension period to begin on the day it is substituted;
it may make no order in respect of the CSI.
The powers in subsection (1) may be exercised as often as is necessary.
If under subsection (1)(a) or (b) a court orders a person to serve a term, or part of a term, of imprisonment that was suspended —
section 88 applies in respect of the term to be served; and
the court may make a parole eligibility order,
as if the term to be served were a term of imprisonment being imposed by the court.
If a person is dealt with under subsection (1)(d), then, unless the suspension period has ended, the sentence of CSI remains in effect and the suspension period continues to elapse.
In dealing with a person under this section a court must take into account the extent to which the person has complied with the CSI and how long the person has been subject to the CSI.
[Section 84L inserted: No. 27 of 2004 s. 5; amended: No. 45 of 2016 s. 71.]
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