Powers of Criminal Courts (Sentencing) Act 2000

121 Procedure where court convicting of further offence does not deal with suspended sentence. E+W

(1) If it appears to the Crown Court, where that court has jurisdiction in accordance with subsection (2) below, or to a justice of the peace having jurisdiction in accordance with that subsection—

(a) that an offender has been convicted in Great Britain of an offence punishable with imprisonment committed during the operational period of a suspended sentence, and

(b) that he has not been dealt with in respect of the suspended sentence,

that court or justice may, subject to the following provisions of this section, issue a summons requiring the offender to appear at the place and time specified in it, or a warrant for his arrest.

(2) Jurisdiction for the purposes of subsection (1) above may be exercised—

(a) if the suspended sentence was passed by the Crown Court, by that court;

(b) if it was passed by a magistrates’ court, by a justice acting for the area for which that court acted.

(3) Where—

(a) an offender is convicted by a court in Scotland of an offence punishable with imprisonment, and

(b) the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales,

the court shall give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.

(4) Unless he is acting in consequence of a notice under subsection (3) above, a justice of the peace shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.

(5) A summons or warrant issued under this section shall direct the offender to appear or to be brought before the court by which the suspended sentence was passed.

(6) In relation to a suspended sentence passed on appeal, this section is to be construed in accordance with section 120(3) above.