5 Suspended and extended sentences of imprisonment.E+W
(1)For subsection (2) of section 22 (suspended sentences of imprisonment) of the M1Powers of Criminal Courts Act 1973 (“the 1973 Act”) there shall be substituted the following subsections—
“(2)A court shall not deal with an offender by means of a suspended sentence unless it is of the opinion—
(a)that the case is one in which a sentence of imprisonment would have been appropriate even without the power to suspend the sentence; and
(b)that the exercise of that power can be justified by the exceptional circumstances of the case.
(2A)A court which passes a suspended sentence on any person for an offence shall consider whether the circumstances of the case are such as to warrant in addition the imposition of a fine or the making of a compensation order.”
(2)The following shall cease to have effect, namely—
(a)sections 28 and 29 of the 1973 Act (extended sentences of imprisonment for persistent offenders); and
(b)section 47 of the M2Criminal Law Act 1977 (sentence of imprisonment partly served and partly suspended).
Commencement Information
I1S. 5 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Marginal Citations