sec.147Power of court mentioned in s 146

### sec.147 Power of court mentioned in s 146 A court mentioned in section 146 (2) , (2A) , (4) or (6) that deals with the offender for the suspended imprisonment may— order— that the operational period be extended for not longer than 1 year; or if the operational period has expired when the court is dealing with the offender— that the offender’s term of imprisonment be further suspended; and that the offender be subject to a further stated operational period of not longer than 1 year during which the offender must not commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 146 for the suspended imprisonment; or order the offender to serve the whole of the suspended imprisonment; or order the offender to serve the part of the suspended imprisonment that the court orders. The court must make an order under subsection (1) (b) unless it is of the opinion that it would be unjust to do so. In deciding whether it would be unjust to order the offender to serve the whole of the suspended imprisonment the court must have regard to— whether the subsequent offence is trivial having regard to— the nature of the offence and the circumstances in which it was committed; and the proportion between the culpability of the offender for the subsequent offence and the consequence of activating the whole of the suspended imprisonment; and the antecedents and any criminal history of the offender; and the prevalence of the original and subsequent offences; and anything that satisfies the court that the prisoner has made a genuine effort at rehabilitation since the original sentence was imposed, including, for example— the relative length of any period of good behaviour during the operational period; and community service performed; and fines, compensation or restitution paid; and anything mentioned in a pre-sentence report; and the degree to which the offender has reverted to criminal conduct of any kind; and the motivation for the subsequent offence; and the seriousness of the original offence, including any physical or emotional harm done to a victim and any damage, injury or loss caused by the offender; and any special circumstance arising since the original sentence was imposed that makes it unjust to impose the whole of the term of suspended imprisonment. If the court is of the opinion mentioned in subsection (2) , it must state its reasons. In this section— original offence means the offence for which a term of imprisonment has been suspended under section 144 (1) . original sentence means the sentence imposed for the original offence. subsequent offence means the offence committed during— the operational period of an order made under section 144 for the original offence; or an extension of the operational period ordered under section 147 (1) (a) (i) for the original offence; or a further stated operational period ordered under section 147 (1) (a) (ii) (B) for the original offence. s 147 amd 1993 No. 36 s 2 sch 1 ; 1997 No. 4 s 7 ; 2002 No. 23 s 63 ; 2008 No. 55 s 141 (sec.147-ssec.1) A court mentioned in section 146 (2) , (2A) , (4) or (6) that deals with the offender for the suspended imprisonment may— order— that the operational period be extended for not longer than 1 year; or if the operational period has expired when the court is dealing with the offender— that the offender’s term of imprisonment be further suspended; and that the offender be subject to a further stated operational period of not longer than 1 year during which the offender must not commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 146 for the suspended imprisonment; or order the offender to serve the whole of the suspended imprisonment; or order the offender to serve the part of the suspended imprisonment that the court orders. (sec.147-ssec.2) The court must make an order under subsection (1) (b) unless it is of the opinion that it would be unjust to do so. (sec.147-ssec.3) In deciding whether it would be unjust to order the offender to serve the whole of the suspended imprisonment the court must have regard to— whether the subsequent offence is trivial having regard to— the nature of the offence and the circumstances in which it was committed; and the proportion between the culpability of the offender for the subsequent offence and the consequence of activating the whole of the suspended imprisonment; and the antecedents and any criminal history of the offender; and the prevalence of the original and subsequent offences; and anything that satisfies the court that the prisoner has made a genuine effort at rehabilitation since the original sentence was imposed, including, for example— the relative length of any period of good behaviour during the operational period; and community service performed; and fines, compensation or restitution paid; and anything mentioned in a pre-sentence report; and the degree to which the offender has reverted to criminal conduct of any kind; and the motivation for the subsequent offence; and the seriousness of the original offence, including any physical or emotional harm done to a victim and any damage, injury or loss caused by the offender; and any special circumstance arising since the original sentence was imposed that makes it unjust to impose the whole of the term of suspended imprisonment. (sec.147-ssec.4) If the court is of the opinion mentioned in subsection (2) , it must state its reasons. (sec.147-ssec.5) In this section— original offence means the offence for which a term of imprisonment has been suspended under section 144 (1) . original sentence means the sentence imposed for the original offence. subsequent offence means the offence committed during— the operational period of an order made under section 144 for the original offence; or an extension of the operational period ordered under section 147 (1) (a) (i) for the original offence; or a further stated operational period ordered under section 147 (1) (a) (ii) (B) for the original offence. - (a) order— (i) that the operational period be extended for not longer than 1 year; or (ii) if the operational period has expired when the court is dealing with the offender— (A) that the offender’s term of imprisonment be further suspended; and (B) that the offender be subject to a further stated operational period of not longer than 1 year during which the offender must not commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 146 for the suspended imprisonment; or - (i) that the operational period be extended for not longer than 1 year; or - (ii) if the operational period has expired when the court is dealing with the offender— (A) that the offender’s term of imprisonment be further suspended; and (B) that the offender be subject to a further stated operational period of not longer than 1 year during which the offender must not commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 146 for the suspended imprisonment; or - (A) that the offender’s term of imprisonment be further suspended; and - (B) that the offender be subject to a further stated operational period of not longer than 1 year during which the offender must not commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 146 for the suspended imprisonment; or - (b) order the offender to serve the whole of the suspended imprisonment; or - (c) order the offender to serve the part of the suspended imprisonment that the court orders. - (i) that the operational period be extended for not longer than 1 year; or - (ii) if the operational period has expired when the court is dealing with the offender— (A) that the offender’s term of imprisonment be further suspended; and (B) that the offender be subject to a further stated operational period of not longer than 1 year during which the offender must not commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 146 for the suspended imprisonment; or - (A) that the offender’s term of imprisonment be further suspended; and - (B) that the offender be subject to a further stated operational period of not longer than 1 year during which the offender must not commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 146 for the suspended imprisonment; or - (A) that the offender’s term of imprisonment be further suspended; and - (B) that the offender be subject to a further stated operational period of not longer than 1 year during which the offender must not commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 146 for the suspended imprisonment; or - (a) whether the subsequent offence is trivial having regard to— (i) the nature of the offence and the circumstances in which it was committed; and (ii) the proportion between the culpability of the offender for the subsequent offence and the consequence of activating the whole of the suspended imprisonment; and (iii) the antecedents and any criminal history of the offender; and (iv) the prevalence of the original and subsequent offences; and (v) anything that satisfies the court that the prisoner has made a genuine effort at rehabilitation since the original sentence was imposed, including, for example— (A) the relative length of any period of good behaviour during the operational period; and (B) community service performed; and (C) fines, compensation or restitution paid; and (D) anything mentioned in a pre-sentence report; and (vi) the degree to which the offender has reverted to criminal conduct of any kind; and (vii) the motivation for the subsequent offence; and - (i) the nature of the offence and the circumstances in which it was committed; and - (ii) the proportion between the culpability of the offender for the subsequent offence and the consequence of activating the whole of the suspended imprisonment; and - (iii) the antecedents and any criminal history of the offender; and - (iv) the prevalence of the original and subsequent offences; and - (v) anything that satisfies the court that the prisoner has made a genuine effort at rehabilitation since the original sentence was imposed, including, for example— (A) the relative length of any period of good behaviour during the operational period; and (B) community service performed; and (C) fines, compensation or restitution paid; and (D) anything mentioned in a pre-sentence report; and - (A) the relative length of any period of good behaviour during the operational period; and - (B) community service performed; and - (C) fines, compensation or restitution paid; and - (D) anything mentioned in a pre-sentence report; and - (vi) the degree to which the offender has reverted to criminal conduct of any kind; and - (vii) the motivation for the subsequent offence; and - (b) the seriousness of the original offence, including any physical or emotional harm done to a victim and any damage, injury or loss caused by the offender; and - (c) any special circumstance arising since the original sentence was imposed that makes it unjust to impose the whole of the term of suspended imprisonment. - (i) the nature of the offence and the circumstances in which it was committed; and - (ii) the proportion between the culpability of the offender for the subsequent offence and the consequence of activating the whole of the suspended imprisonment; and - (iii) the antecedents and any criminal history of the offender; and - (iv) the prevalence of the original and subsequent offences; and - (v) anything that satisfies the court that the prisoner has made a genuine effort at rehabilitation since the original sentence was imposed, including, for example— (A) the relative length of any period of good behaviour during the operational period; and (B) community service performed; and (C) fines, compensation or restitution paid; and (D) anything mentioned in a pre-sentence report; and - (A) the relative length of any period of good behaviour during the operational period; and - (B) community service performed; and - (C) fines, compensation or restitution paid; and - (D) anything mentioned in a pre-sentence report; and - (vi) the degree to which the offender has reverted to criminal conduct of any kind; and - (vii) the motivation for the subsequent offence; and - (A) the relative length of any period of good behaviour during the operational period; and - (B) community service performed; and - (C) fines, compensation or restitution paid; and - (D) anything mentioned in a pre-sentence report; and - (a) the operational period of an order made under section 144 for the original offence; or - (b) an extension of the operational period ordered under section 147 (1) (a) (i) for the original offence; or - (c) a further stated operational period ordered under section 147 (1) (a) (ii) (B) for the original offence.