s. 27 2 years, in the case of the Magistrates' Court— whichever is the longer. (2AB) Despite subsection (1), the Magistrates' Court S. 27(2AB) inserted by must not make an order suspending the whole or No. 32/2013 s. 4. part of a sentence of imprisonment in respect of a significant offence if the proceeding for the offence was transferred to the court under section 168 of the Criminal Procedure Act 2009. S. 27(2B) (2B) Despite subsection (1), a court must not make an inserted by order suspending the whole or a part of a sentence No. 82/2006 of imprisonment imposed on an offender for a s. 4(2), substituted by serious offence or for a significant offence. No. 77/2010 s. 12(1) (as Note amended by No. 9/2011 A suspended sentence may be available for a serious offence s. 4). or for a significant offence committed before the commencement of section 12 of the Sentencing Amendment Act 2010. S. 27(2C) * * * * * inserted by No. 82/2006 s. 4(2), repealed by No. 77/2010 s. 12(2) (as amended by No. 9/2011 s. 4). (3) A court must not impose a suspended sentence of imprisonment unless the sentence of imprisonment, if unsuspended, would be appropriate in the circumstances having regard to the provisions of this Act. S. 27(4) (4) A court proposing to make an order suspending a substituted by sentence of imprisonment must before making the No. 48/1997 s. 14(3). order explain, or cause to be explained, to the offender in language likely to be readily understood by him or her—
2 years, in the case of the Magistrates' Court— whichever is the longer. S. 27(2AB) inserted by No. 32/2013 s. 4. (2AB) Despite subsection (1), the Magistrates' Court must not make an order suspending the whole or part of a sentence of imprisonment in respect of a significant offence if the proceeding for the offence was transferred to the court under section 168 of the Criminal Procedure Act 2009. S. 27(2B) inserted by No. 82/2006 s. 4(2), substituted by No. 77/2010 s. 12(1) (as amended by No. 9/2011 s. 4). (2B) Despite subsection (1), a court must not make an order suspending the whole or a part of a sentence of imprisonment imposed on an offender for a serious offence or for a significant offence. Note A suspended sentence may be available for a serious offence or for a significant offence committed before the commencement of section 12 of the Sentencing Amendment Act 2010. S. 27(2C) inserted by No. 82/2006 s. 4(2), repealed by No. 77/2010 s. 12(2) (as amended by No. 9/2011 s. 4). * * * * * (3) A court must not impose a suspended sentence of imprisonment unless the sentence of imprisonment, if unsuspended, would be appropriate in the circumstances having regard to the provisions of this Act. S. 27(4) substituted by No. 48/1997 s. 14(3). (4) A court proposing to make an order suspending a sentence of imprisonment must before making the order explain, or cause to be explained, to the offender in language likely to be readily understood by him or her— s. 27
91-49a145.docx