Sch. 3 (4) If in a proceeding for an offence under subclause (1) for a contravention of an old combined custody and treatment order, the court finds the person guilty of the offence the court, in addition to sentencing the offender for that offence, must— Sch. 3 (a) whether or not the order has expired, confirm cl. 7(4)(a) the order that was contravened and if substituted by necessary to enable the offender to perform No. 26/2012 s. 67. the remaining period and conditions of the order, vary the duration and dates of the order; or (b) whether or not the offender has served any part of the sentence in the community, order the offender to serve in custody the whole or part of the sentence that was to be served in the community. (5) The court must make an order under subclause (4)(b), unless the court is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen since the order that was contravened was made. (6) If the court decides not to exercise the power under subclause (4)(b) it must state its reasons for doing so in writing. (7) If the court makes an order under subclause (4)(b), the term of imprisonment which the offender must serve in custody must be served— (a) immediately or, if the offender is still serving the original custodial part of the sentence, immediately on completion of service of that part of the sentence; and (b) unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court.
(4) If in a proceeding for an offence under subclause (1) for a contravention of an old combined custody and treatment order, the court finds the person guilty of the offence the court, in addition to sentencing the offender for that offence, must— Sch. 3 cl. 7(4)(a) substituted by No. 26/2012 s. 67. (a) whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or Sch. 3 (b) whether or not the offender has served any part of the sentence in the community, order the offender to serve in custody the whole or part of the sentence that was to be served in the community. (5) The court must make an order under subclause (4)(b), unless the court is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen since the order that was contravened was made. (6) If the court decides not to exercise the power under subclause (4)(b) it must state its reasons for doing so in writing. (7) If the court makes an order under subclause (4)(b), the term of imprisonment which the offender must serve in custody must be served— (a) immediately or, if the offender is still serving the original custodial part of the sentence, immediately on completion of service of that part of the sentence; and (b) unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court.
91-49a143.docx