SCHEDULES

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

C1Part 2Breach of community requirement or conviction of further offence

Annotations:
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

Breach of order after warning

I15

1

If—

a

the responsible officer has given a warning under paragraph 4 to the offender in respect of a suspended sentence order, and

b

at any time within the twelve months beginning with the date on which the warning was given, the responsible officer is of the opinion that the offender has since that date failed without reasonable excuse to comply with any of the community requirements of the order,

the officer must cause an information to be laid before a justice of the peace in respect of the failure in question.

2

In relation to any suspended sentence order which is made by the Crown Court and does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.