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Part VE+W CUSTODIAL SENTENCES ETC.

Chapter VE+WSuspended sentences of imprisonment

Suspended sentence supervision ordersE+W

122 Suspended sentence supervision orders.E+W

(1)Where a court passes on an offender a suspended sentence for a term of more than six months for a single offence, the court may make a suspended sentence supervision order, that is to say, an order placing the offender under the supervision of a supervising officer for a period which is specified in the order and does not exceed the operational period of the suspended sentence.

(2)A suspended sentence supervision order shall specify the petty sessions area in which the offender resides or will reside; and the supervising officer shall be [F1an officer of a local probation board] appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of section 124(3) below (power to amend order)).

(3)An offender in respect of whom a suspended sentence supervision order is in force shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.

(4)On making a suspended sentence supervision order, the court shall explain its effect to the offender in ordinary language.

(5)The court by which a suspended sentence supervision order is made shall forthwith give copies of the order to [F1an officer of a local probation board] assigned to the court, and he shall give a copy to the offender and to the supervising officer.

(6)The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the justices’ chief executive for that area—

(a)a copy of the order; and

(b)such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.

(7)The Secretary of State may by order—

(a)direct that subsection (1) above be amended by substituting, for the number of months specified in that subsection as originally enacted or as previously amended under this paragraph, such other number (not more than six) as the order may specify; or

(b)make in that subsection the repeals necessary to enable a court to make a suspended sentence supervision order in the case of any suspended sentence, whatever the length of the term.

(8)Where under section 119 above a court deals with an offender in respect of a suspended sentence by varying the operational period of the sentence or by making no order with respect to the sentence, the court may make a suspended sentence supervision order in respect of the offender—

(a)in place of any such order made when the suspended sentence was passed; or

(b)if the court which passed the sentence could have made such an order but did not do so; or

(c)if that court could not then have made such an order but would have had power to do so if subsection (1) above had then had effect as it has effect at the time when the offender is dealt with under section 119.

Textual Amendments