44Imprisonment and a community correction order

44 Imprisonment and a community correction order S. 44(1) amended by No. 32/2013 s. 13(1), substituted by No. 69/2014 s. 18(1), amended by No. 65/2016 s. 12(1). (1) Subject to any specific provision relating to the offence, when sentencing an offender in respect of one, or more than one, offence (other than an offence to which clause 5 of Schedule 1 applies), a court may make a community correction order in addition to imposing a sentence of imprisonment only if the sum of all the terms of imprisonment to be served (after deduction of any period of custody that under section 18 is reckoned to be a period of imprisonment or detention already served) is one year or less. S. 44(1A) inserted by No. 69/2014 s. 18(1), amended by No. 65/2016 s. 12(2). (1A) Subject to any specific provision relating to the offence, when sentencing an offender in respect of one, or more than one, offence to which clause 5 of Schedule 1 applies, a court may make a community correction order in addition to imposing any sentence of imprisonment. S. 44(1B) inserted by No. 79/2014 s. 57, substituted by No. 65/2016 s. 12(3). (1B) In sentencing an offender in accordance with subsection (1) or (1A) in respect of 2 or more offences, the Magistrates' Court must not impose a sentence that exceeds in the whole 5 years. S. 44(2) repealed by No. 32/2013 s. 13(2). S. 44(3) amended by Nos 69/2014 s. 18(2), 65/2016 s. 12(4). (3) If a court makes a community correction order in respect of an offender in addition to imposing a sentence of imprisonment in accordance with this section, the community correction order commences on the release of the offender from imprisonment. S. 44(4) inserted by No. 69/2014 s. 18(3). (4) A reference in this section to a sentence of imprisonment does not include a sentence that has been suspended. S. 44A inserted by No. 48/2018 s. 80.