(b) the court has received a pre-sentence report (if required) and has had regard to any recommendations, information or matters identified in the report; and (c) the offender consents to the order. 38 Period and commencement of a community S. 38 amended by correction order No. 48/1997 s. 28(2), (1) The period of a community correction order is the substituted by No. 65/2011 period determined by the court which must not s. 21. exceed— (a) in the case of an order made by the S. 38(1)(a) substituted by Magistrates' Court— No. 79/2014 s. 55. (i) in respect of one offence, 2 years; or (ii) in respect of 2 offences, 4 years; or (iii) in respect of 3 or more offences, 5 years; or (b) in the case of an order made by the County Court or the Supreme Court whichever is greater of— (i) the maximum term of imprisonment for the offence; or (ii) 2 years. (2) Unless section 44(3) applies, a community S. 38(2) substituted by correction order must commence on a date No. 45/2012 specified by the court that is not later than s. 7. 3 months after the making of the order.
(b) the court has received a pre-sentence report (if required) and has had regard to any recommendations, information or matters identified in the report; and (c) the offender consents to the order. S. 38 amended by No. 48/1997 s. 28(2), substituted by No. 65/2011 s. 21. 38 Period and commencement of a community correction order (1) The period of a community correction order is the period determined by the court which must not exceed— S. 38(1)(a) substituted by No. 79/2014 s. 55. (a) in the case of an order made by the Magistrates' Court— (i) in respect of one offence, 2 years; or (ii) in respect of 2 offences, 4 years; or (iii) in respect of 3 or more offences, 5 years; or (b) in the case of an order made by the County Court or the Supreme Court whichever is greater of— (i) the maximum term of imprisonment for the offence; or (ii) 2 years. S. 38(2) substituted by No. 45/2012 s. 7. (2) Unless section 44(3) applies, a community correction order must commence on a date specified by the court that is not later than 3 months after the making of the order.
91-49a175.docx