76Existing suspended sentence orders under section 12

#### 76 Existing suspended sentence orders under section 12 76 Existing suspended sentence orders under section 12 > > (1) This clause applies to an order (the suspended sentence order) made under section 12 before its repeal by the amending Act— > > > > > (a) suspending execution of a sentence of imprisonment, and > > > > > (b) directing that the offender enter into a good behaviour bond, > > > > and in force immediately before the commencement day. > > > (2) The repeal of section 12 and any associated provisions does not affect the continuity of operation of the suspended sentence order. The order continues in force despite the repeal of that section, subject to this Act. > > > (3) This Act and the regulations continue to apply to and in respect of the following as if the amending Act had not been enacted— > > > > > (a) the suspended sentence order and good behaviour bond, > > > > > (b) the person subject to the order and bond, > > > > > (c) action that may be taken for failure to comply with any of the conditions of the bond. > > > (4) If a court (under section 98 as previously in force but continuing to apply under subclause (3)) revokes the good behaviour bond— > > > > > (a) the suspended sentence order ceases to have effect in relation to the sentence of imprisonment suspended by the order, and > > > > > (b) the court must either— > > > > > > > (i) order that the offender be sentenced or re-sentenced to imprisonment to be served in full-time detention, or > > > > > > > (ii) make an intensive correction order under this Act, as amended by the amending Act, in respect of the offence concerned, and > > > > > (c) this Act (including Part 4), as amended by the amending Act, applies to the sentencing or re-sentencing of the offender under this clause in the same way as it applies to the sentencing of an offender on a conviction, and > > > > > (d) section 24 applies to the sentencing or re-sentencing of the offender under this clause in the same way as it applies to the sentencing of an offender on a conviction, but taking into account— > > > > > > > (i) the fact that the offender has been the subject of the good behaviour bond, and > > > > > > > (ii) anything done by the offender in compliance with the offender’s obligations under the good behaviour bond, and > > > > > (e) the offender who under this clause is sentenced or re-sentenced by a court for an offence has the same rights of appeal as the offender would have had if the offender had been sentenced by that court on being convicted of the offence. > > > (5) However, subclauses (2), (3) and (4) cease to have effect in relation to the suspended sentence order at the end of the period of 3 years commencing with the commencement day (unless the order had already expired or otherwise ceased to be in force). > > > (6) If the suspended sentence order was still in force immediately before the end of that period of 3 years, the offender is required to appear before the court and is to be re-sentenced. If the offender fails to appear, the court may issue a warrant for the offender’s arrest. > > > (7) Without limitation, the regulations may make provision for or with respect to the revocation of the suspended sentence order and for the re-sentencing of the offender.