- Laws of Fiji

Last Updated: 22 November 2019

[SP 28] Breach of order suspending sentence28

(1) If at any time during the operational period of a suspended sentence of imprisonment, the offender commits another offence punishable by imprisonment, the offender is guilty of an offence against this section.

(2) A proceeding for an offence under subsection (1) may be commenced at any time up to 3 years after the date on which the offence is alleged to have been committed.

(3) Upon charging an offender with an offence under subsection (1), a warrant to arrest the offender may be issued.

(4) If on the hearing of a charge under subsection (1) the court finds the offender guilty of the offence, it may impose a fine not exceeding $10,000 and in addition the court must restore the sentence or part sentence held in suspense and order the offender to serve it, but if the court considers that exceptional circumstances exist that make this unjust, the court may instead—

(a)restore part of the sentence or part sentence held in suspense and order the offender to serve it; or
(b)in the case of a wholly suspended sentence, extend the period of the order suspending the sentence to a date not later than 12 months after the date of the order under this subsection; or
(c)make no order with respect to the suspended sentence.

[subs (4) am Act 31 of 2016 s 193, effective 1 December 2016]

(5) Any order for an offender to serve a term of imprisonment under subsection (4) must be served—

(a)immediately; and
(b)unless the court orders otherwise, consecutively on any other term of imprisonment previously imposed on the offender by that court or any other court.