Powers of Criminal Courts Act 1973 (repealed)

23 Power of court on conviction of further offence to deal with suspended sentence. E+W

(1) Where an offender is convicted of an offence punishable with imprisonment committed during the operational period of a suspended sentence and either he is so convicted by or before a court having power under section 24 of this Act to deal with him in respect of the suspended sentence or he subsequently appears or is brought before such a court, then, unless the sentence has already taken effect, that court shall consider his case and deal with him by one of the following methods:—

(a) the court may order that the suspended sentence shall take effect with the original term unaltered;

(b) it may order that the sentence shall take effect with the substitution of a lesser term for the original term;

(c) it may by order vary the original order under section 22(1) of this Act by substituting for the period specified therein a period expiring not later than two years from the date of the variation; or

(d) it may make no order with respect to the suspended sentence;

and a court shall make an order under paragraph (a) of this subsection unless the court is of opinion that it would be unjust to do so in view of all the circumstances . . . F1 , including the facts of the subsequent offence, and where it is of that opinion the court shall state its reasons.

(2) Where a court orders that a suspended sentence shall take effect, with or without any variation of the original term, the court may order that that sentence shall take effect immediately or that the term thereof shall commence on the expiration of another term of imprisonment passed on the offender by that or another court.

[F2 (2A) The power to make an order under subsection (2) above has effect subject to section 102 of the Crime and Disorder Act 1998.]

(3)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(6) In proceedings for dealing with an offender in respect of a suspended sentence which take place before the Crown Court any question whether the offender has been convicted of an offence punishable with imprisonment committed during the operational period of the suspended sentence shall be determined by the court and not by the verdict of a jury.

(7) Where a court deals with an offender under this section in respect of a suspended sentence the appropriate officer of the court shall notify the appropriate officer of the court which passed the sentence of the method adopted.

(8) Where on consideration of the case of an offender a court makes no order with respect to a suspended sentence, the appropriate officer of the court shall record that fact.

(9) For the purposes of any enactment conferring rights of appeal in criminal cases any order made by a court with respect to a suspended sentence shall be treated as a sentence passed on the offender by that court for the offence for which the suspended sentence was passed.

Textual Amendments

F1 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 31, Sch. 16

F2 S. 23(2A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.30; S.I. 1998/2327, art. 2(1)(y)(2)(k) (which Sch. 8 para. 30 of the 1998 Act is repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I.

F3 S. 23(3)–(5) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

Modifications etc. (not altering text)

C1 S. 23 restricted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 11(3)

C2 S. 23 modified (30.9.1998) by 1967 c. 80 s. 56(5A) (as substituted 30.9.1998 for s. 56(5) by 1998 c. 37, s. 106, Sch. 7 para. 2(4); S.I. 1998/2327, art. 2(1)(w))