76AAction for breaches of expired suspended sentence orders

#### 76A Action for breaches of expired suspended sentence orders 76A Action for breaches of expired suspended sentence orders > > (1) This clause applies to an order (the suspended sentence order) made under section 12 before its repeal by the amending Act suspending execution of a sentence of imprisonment and directing that the offender enter into a good behaviour bond, if— > > > > > (a) the bond was breached before the commencement day for the repeal of section 100, and > > > > > (b) the bond had expired before that day, and > > > > > (c) action in respect of the breach had not been commenced or completed before that day. > > > (2) The breach of the bond may be dealt with or continue to be dealt with on or after that day under this Act and the regulations as if the amending Act had not been enacted. > > > (3) If a court (under section 98 as previously in force but continuing to apply under subclause (2)) revokes the 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.