80Resumption of community-based sentence if sentence of imprisonment quashed

1. This section applies to a community-based sentence that is suspended under section 78(2)(a) or section 78(7).

2. The community-based sentence is suspended until the earlier of the following events:

3. it resumes under subsection (3); or
4. it is cancelled under subsection (5).

5. If the sentence or sentences of imprisonment based on which the community-based sentence was suspended are quashed and that results in the offender no longer being detained under a sentence of imprisonment,—

6. except as provided in paragraph (b), the offender must report to a probation officer as soon as practicable, and not later than 72 hours, after being released from detention; and
7. an offender who is sentenced to community detention must report within 24 hours after being released from detention, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day; and
8. the sentence resumes when the offender has reported as required by paragraphs (a) or (b).

9. The Registrar of the court in which the sentence or sentences of imprisonment are quashed must notify the chief executive of the Department of Corrections.

10. If the community-based sentence never resumes under subsection (3), it is cancelled when the offender ceases to be detained under the sentence or sentences of imprisonment.