SCHEDULES

Valid from 04/04/2005

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

Procedure where court convicting of further offence does not deal with suspended sentence U.K.

Prospective

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

(a) that an offender has been convicted in the United Kingdom of an offence 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 paragraph, 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 sub-paragraph (1) 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 [F1 acting in the local justice area in which the court acted].

(3) Where—

(a) an offender is convicted in Scotland or Northern Ireland of an offence, 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 must 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 sub-paragraph (3), a justice of the peace may not issue a summons under this paragraph except on information and may not issue a warrant under this paragraph except on information in writing and on oath.

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

Textual Amendments

F1 Words in Sch. 12 para. 12(2)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 110(c)

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

(a) that an offender has been convicted in the United Kingdom of an offence 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 paragraph, 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 sub-paragraph (1) 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 petty sessions area for which that court acted.

(3) Where—

(a) an offender is convicted in Scotland or Northern Ireland of an offence, 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 must 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 sub-paragraph (3), a justice of the peace may not issue a summons under this paragraph except on information and may not issue a warrant under this paragraph except on information in writing and on oath.

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