Powers of Criminal Courts (Sentencing) Act 2000

123 Breach of requirement of suspended sentence supervision order. E+W

(1) If, at any time while a suspended sentence supervision order is in force in respect of an offender, it appears on information to a justice of the peace F1 ... that the offender has failed to comply with any of the requirements of section 122(3) above, the justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it; or

(b) if the information is in writing and on oath, issue a warrant for his arrest.

[F2 (2) Any summons or warrant issued under this section shall direct the offender to appear or be brought—

(a) before a magistrates' court for the petty sessions area in which the offender resides; or

(b) if it is not known where the offender resides, before a magistrates' court acting for the petty sessions area for the time being specified in the suspended sentence supervision order.]

(3) If it is proved to the satisfaction of the court before which an offender appears or is brought under this section that he has failed without reasonable cause to comply with any of the requirements of section 122(3) above, the court may, without prejudice to the continuance of the order, impose on him a fine not exceeding £1000.

(4) A fine imposed under subsection (3) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

[F3 (5) Where a magistrates' court dealing with an offender under this section would not otherwise have the power to amend the suspended sentence supervision order under section 124(3) below (amendment by reason of change of residence), that provision has effect as if the reference to a magistrates' court acting for the petty sessions area for the time being specified in the suspended sentence supervision order were a reference to the court dealing with the offender.]

Textual Amendments

F1 Words in s. 123(1) omitted (31.3.2005) by virtue of Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 3(2); S.I. 2005/579, art. 3(d)

F2 S. 123(2) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 3(3) (as amended (1.4.2005) by S.I. 2005/886, Sch. para. 113(b)(ii)); S.I. 2005/579, art. 3(d)

F3 S. 123(5) inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 3(4) (as amended (1.4.2005) by S.I. 2005/886, Sch. para. 113(b)(iii)); S.I. 2005/579, art. 3(d)