239.
| (1) A court which imposes a sentence of imprisonment on an offender for a term not exceeding two years for an offence may order that the sentence shall not take effect unless, during a period specified in the order, being not less than five years from the date of the order (hereinafter referred to as the " operational period "), such offender commits another offence punishable with imprisonment (hereinafter referred to as " subsequent offence "). |
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| (2) A court which imposes a sentence of imprisonment for a term not exceeding six months in respect of one offence on an offender who has had no previous experience of imprisonment shall make an order under subsection (1) unless-
| | (a) the offence involved the use or threat of violence, or the use or possession of a firearm, an explosive or an offensive weapon; | | |
| | (b) the offence is one in respect of which a probation order or order for conditional discharge was originally made; | | |
| | (c) the offender was subject to a suspended sentence at the time the offence was committed; or | | |
| | (d) the court is of opinion that, for reasons to be stated in writing, it would be inappropriate in the circumstances of the case, to deal with the offender' in terms of this subsection. | | |
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| (3) A court which imposes a suspended sentence on any person in respect of one offence shall not impose a sentence of imprisonment in respect of a different offence, in the same proceeding. |
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| (4) On imposing a suspended sentence the court shall explain to the offender in ordinary language his liability under section 240 if during the operational period he commits a subsequent offence. |
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| (5) If the offender does not commit a subsequent offence during the operational period, the suspended sentence imposed on the offender shall be deemed, for all purposes, never to have been imposed. |
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| (6) Before a suspended sentence is imposed by any court, the court shall make an order for the identification and finger printing of the offender. |
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Sri Lanka Consolidated Acts