Section 2401. Power to suspend or remit sentences
(1) When any person has been sentenced to punishment for an offence, [3] the [1] may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced [4].
- (2) Whenever an application is made to [3] the [1] for the suspension or remission of a sentence, [3] the [1], [5], may require the presiding Judge of the Court before or by which the conviction was had or confirmed to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion [6].
- (3) If any condition on which a sentence has been suspended or remitted is, in the [7] the [1], [5], not fulfilled, [3] the [1] may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police-officer without warrant and remanded to undergo the unexpired portion of the sentence. [1] [3] [6] [7]
- (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. [1]
- (5) Nothing herein contained shall be deemed to interfere with the right of [2] to grant pardons, reprieves, respites or remissions of punishment. [1]
- (6) The [6] [7] may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with.