CHAPTER 34
SENTENCE
Imposition and conversion of correctional supervision
308. (1) Punishment may only be imposed under section 307(1)(d) -
(a) after a report of a probation officer or a social worker has been placed before the court; and
(b) for a fixed period not exceeding three years.
(2) (a) A court, whether differently constituted or not, that has imposed a punishment referred to in subsection (1) on a person, may at any time, if it is found from a motivated recommendation by a probation officer or a social worker that that person is not fit to be subject to correctional supervision, reconsider that punishment and impose any other proper punishment.
(b) On receipt of the motivated recommendation referred to in paragraph (a), the registrar or the clerk of the court in question must, after consultation with the prosecutor, set the matter down for a specific date on the roll of the court in question.
(c) The registrar or the clerk of the court in question must for the purposes of the reconsideration of the sentence in accordance with this subsection -
(i) within a reasonable time before the date referred to in paragraph (b),
submit the case record to the judge or magistrate who imposed the sentence or, if he or she is not available, any other judge or magistrate of the same court, together with the motivated recommendation received under that paragraph ; and
(ii) inform the probation officer or social worker in writing of the date for which the matter has been set down for reconsideration of the sentence.
(d) When a court reconsiders a sentence under this subsection, it has the same powers as it would have had if it were considering sentence after conviction of a person, and the procedure adopted at such proceedings applies with the necessary changes during such reconsideration.
Sentencing - national proceedings
Sentencing - national procedures for national proceedings
EDIT.