A suspended sentence is a legal construct. Unless a
minimum punishment is prescribed by law, the
court has the power to suspend the passing of sentence (generally for a period of three years) and place the offender on
probation. It is the passing of the sentence, not the sentence itself, that is being suspended. This means that if the person is convicted of another offence during the period when the passing of sentence had been suspended, then the person may be sentenced for the original offence.
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A custodial sentence which will not take effect unless
there is a subsequent offence within a specified period
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