8Section 23A inserted

8 Section 23A inserted

Before section 24 of the Principal Act , the following section is inserted in Division 4:

23A.   Limitations on ability to suspend sentences

A court must not, except in exceptional circumstances, make an order suspending the whole or part of a sentence of imprisonment if the sentence of imprisonment is imposed in relation to –

(a) an offence, or an attempt to commit an offence, against a provision, specified in Column 2 of Part 1 of Schedule 3, of an Act, or of the Criminal Code, as specified in Column 3 of Part 1 of Schedule 3; or

(b) an offence, or an attempt to commit an offence, that is an offence –

(i) against a provision, of the Misuse of Drugs Act 2001 , specified in Column 2 of Part 2 of Schedule 3; and

(ii) that relates to a trafficable quantity, within the meaning of, and as determined under, that Act, of a controlled substance, within the meaning of that Act.