SCHEDULES

SCHEDULE 12U.K.Breach or amendment of suspended sentence order, and effect of further conviction

Part 2U.K.Breach of community requirement or conviction of further offence

Modifications etc. (not altering text)

Powers of court on breach of community requirement or conviction of further offenceU.K.

8(1)This paragraph applies where—U.K.

(a)it is proved to the satisfaction of a court before which an offender appears or is brought under paragraph 6 or 7 or by virtue of section 192(6) that he has failed without reasonable excuse to comply with any of the community requirements of the suspended sentence order, or

(b)an offender is convicted of an offence committed during the operational period of a suspended sentence (other than one which has already taken effect) and either—

(i)he is so convicted by or before a court having power under paragraph 11 to deal with him in respect of the suspended sentence, or

(ii)he subsequently appears or is brought before such a court.

(2)The court must consider his case and deal with him in one of the following ways—

(a)the court may order that the suspended sentence is to take effect with its original term F1... unaltered,

(b)the court may order that the sentence is to take effect [F2with the substitution for the original term of a lesser term].

[F3(ba)the court may order the offender to pay a fine of an amount not exceeding £2,500,]

(c)[F4in the case of a suspended sentence order that imposes one or more community requirements,] the court may amend the order by doing any one or more of the following—

(i)imposing more onerous community requirements which the court could include if it were then making the order,

(ii)subject to subsections (3) and (4) of section 189, extending the supervision period, or

(iii)subject to subsection (3) of that section, extending the operational period,

[F5(d)in the case of a suspended sentence order that does not impose any community requirements, the court may, subject to section 189(3), amend the order by extending the operational period.]

(3)The court must make an order under sub-paragraph (2)(a) or (b) unless it is of the opinion that it would be unjust to do so in view of all the circumstances, including the matters mentioned in sub-paragraph (4); and where it is of that opinion the court must state its reasons.

(4)The matters referred to in sub-paragraph (3) are—

(a)the extent to which the offender has complied with [F6any community requirements] of the suspended sentence order, and

(b)in a case falling within sub-paragraph (1)(b), the facts of the subsequent offence.

[F7(4ZA)A fine imposed under sub-paragraph (2)(ba) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.]

[F8(4A)Where a magistrates' court dealing with an offender under sub-paragraph (2)(c) would not otherwise have the power to amend the suspended sentence order under paragraph 14 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender.]

(5)Where a court deals with an offender under sub-paragraph (2) in respect of a suspended sentence, the appropriate officer of the court must notify the appropriate officer of the court which passed the sentence of the method adopted.

(6)Where a suspended sentence order was made by the Crown Court and a magistrates' court would (apart from this sub-paragraph) be required to deal with the offender under sub-paragraph (2)(a), (b)[F9, (ba)] or (c) it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(7)A magistrates' court which deals with an offender’s case under sub-paragraph (6) must send to the Crown Court—

(a)a certificate signed by a justice of the peace certifying that the offender has failed to comply with the community requirements of the suspended sentence order in the respect specified in the certificate, and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(8)In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with [F10any community] requirements of the suspended sentence order and any question whether the offender has been convicted of an offence committed during the operational period of the suspended sentence is to be determined by the court and not by the verdict of a jury.

Textual Amendments

Commencement Information

I1Sch. 12 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 34 (subject to art. 2(2), Sch. 2)