SCHEDULES

Valid from 04/04/2005

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

Part 3 U.K. Amendment of suspended sentence order

Modifications etc. (not altering text)

C1 Sch. 12 Pt. 3 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2 Sch. 12 Pt. 3 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 205(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Cancellation of community requirements of suspended sentence order U.K.

Prospective

13 (1) Where at any time while a suspended sentence order is in force, it appears to the appropriate court on the application of the offender or the responsible officer that, having regard to the circumstances which have arisen since the order was made, it would be in the interests of justice to do so, the court may cancel the community requirements of the suspended sentence order.

(2) The circumstances in which the appropriate court may exercise its power under sub-paragraph (1) include the offender’s making good progress or his responding satisfactorily to supervision.

(3) In this paragraph “the appropriate court” means—

(a) in the case of a suspended sentence order which is subject to review, the court responsible for the order,

(b) in the case of a suspended sentence order which was made by the Crown Court and does not include any direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court, the Crown Court, and

(c) in any other case, a magistrates' court [F1 acting in the local justice area] concerned.

Textual Amendments

F1 Words in Sch. 12 para. 13(3)(c) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 110(d)

13 (1) Where at any time while a suspended sentence order is in force, it appears to the appropriate court on the application of the offender or the responsible officer that, having regard to the circumstances which have arisen since the order was made, it would be in the interests of justice to do so, the court may cancel the community requirements of the suspended sentence order.

(2) The circumstances in which the appropriate court may exercise its power under sub-paragraph (1) include the offender’s making good progress or his responding satisfactorily to supervision.

(3) In this paragraph “the appropriate court” means—

(a) in the case of a suspended sentence order which is subject to review, the court responsible for the order,

(b) in the case of a suspended sentence order which was made by the Crown Court and does not include any direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court, the Crown Court, and

(c) in any other case, a magistrates' court acting for the petty sessions area concerned.