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A man was convicted in the Magistrates' Court of theft four months ago. He received a suspended sentence order of six months’ custody. The operational period of the suspended sentence is 12 months. A requirement to complete 80 hours of unpaid work was attached to the suspended sentence order and the man has completed the unpaid work.
The man has now been convicted in the Magistrates’ Court for an offence of criminal damage committed one month ago.
Can the Magistrates’ Court now activate the custodial sentence?
A. Yes, because the man has committed an offence during the operational period of the suspended sentence order.
B. No, because the new offence is non-imprisonable.
C. No, because the man has completed the requirement attached to the suspended sentence order.
D. No, because the operational period of the suspended sentence order is still running.
E. Yes, because the man has committed an offence within the six month period of custody imposed.
A - Yes, because the man has committed an offence during the operational period of the suspended sentence order.
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