Criminal Justice Act 1991

5 Suspended and extended sentences of imprisonment

(1) For subsection (2) of section 22 (suspended sentences of imprisonment) of the [1973 c. 62.] Powers 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 [1977 c. 45.] Criminal Law Act 1977 (sentence of imprisonment partly served and partly suspended).