Criminal Justice Act 2003 (c. 44)

SCHEDULES

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

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

Modifications etc. (not altering text)

C1 Sch. 12 Pt. 2 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 206, 383, Sch. 7; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Further provisions as to order that suspended sentence is to take effect U.K.

9 (1) When making an order under paragraph 8(2)(a) or (b) that a sentence is to take effect (with or without any variation of the original term F1 ...), the court— U.K.

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) may order that the sentence is to take effect immediately or that the term of that sentence is to commence on the expiry of another term of imprisonment passed on the offender by that or another court.

(2) The power to make an order under sub-paragraph (1)(b) has effect subject to section 265 (restriction on consecutive sentences for released prisoners).

(3) For the purpose of any enactment conferring rights of appeal in criminal cases, any order made by the court under paragraph 8(2)(a) or (b) is to 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 in Sch. 12 para. 9(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 38(3)(a); S.I. 2012/2906, art. 2(h)

F2 Sch. 12 para. 9(1)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 38(3)(b); S.I. 2012/2906, art. 2(h)

Commencement Information

I1 Sch. 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)