Joined: 13 Nov 2007 Posts: 190 Location: Ontario, Canada
Posted: Thu Jan 24, 2008 10:12 am Post subject: Increased suspension time - Section 44
Increased suspension time - 44
(1) Where an order is made under section 259 of the Criminal Code (Canada) or under subsection 41 (4) of this Act and the court or judge, when sentencing the offender or making the conviction, orders the imprisonment of the offender and that the period of prohibition or suspension, as the case may be, shall start to run on the termination of the imprisonment, the suspension imposed by subsection 41 (1) of this Act is thereupon increased by the period of imprisonment. R.S.O. 1990, c. H.8, s. 44 (1).
Modification to increased suspension
(2) Where the period of imprisonment referred to in subsection (1) is less than that ordered by the court or judge, the length of the increased suspension imposed by subsection (1) shall, upon the application of the offender, be reduced by a period equal to that by which the period of imprisonment was reduced. R.S.O. 1990, c. H.8, s. 44 (2).
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