Criminal Justice Act 2003

Prospective

192 Periodic reviews of suspended sentence order E+W

(1) At a review hearing (within the meaning of subsection (1) of section 191) the court may, after considering the responsible officer’s report referred to in that subsection, amend the community requirements of the suspended sentence order, or any provision of the order which relates to those requirements.

(2) The court—

(a) may not amend the community requirements of the order so as to impose a requirement of a different kind unless the offender expresses his willingness to comply with that requirement,

(b) may not amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended,

(c) may amend the supervision period only if the period as amended complies with section 189(3) and (4),

(d) may not amend the operational period of the suspended sentence, and

(e) except with the consent of the offender, may not amend the order while an appeal against the order is pending.

(3) For the purposes of subsection (2)(a)—

(a) a community requirement falling within any paragraph of section 190(1) is of the same kind as any other community requirement falling within that paragraph, and

(b) an electronic monitoring requirement is a community requirement of the same kind as any requirement falling within section 190(1) to which it relates.

(4) If before a review hearing is held at any review the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress in complying with the community requirements of the order is satisfactory, it may order that no review hearing is to be held at that review; and if before a review hearing is held at any review, or at a review hearing, the court, after considering that report, is of that opinion, it may amend the suspended sentence order so as to provide for each subsequent review to be held without a hearing.

(5) If at a review held without a hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.

(6) If at a review hearing the court is of the opinion that the offender has without reasonable excuse failed to comply with any of the community requirements of the order, the court may adjourn the hearing for the purpose of dealing with the case under paragraph 8 of Schedule 12.

(7) At a review hearing the court may amend the suspended sentence order so as to vary the intervals specified under section 191(1).

(8) In this section any reference to the court, in relation to a review without a hearing, is to be read—

(a) in the case of the Crown Court, as a reference to a judge of the court, and

(b) in the case of a magistrates' court, as a reference to a justice of the peace F1 . . . .

Textual Amendments

F1 Words in s. 192(8)(b) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I.2005/886), art. 2, Sch. para. 101

192 Periodic reviews of suspended sentence order E+W

(1) At a review hearing (within the meaning of subsection (1) of section 191) the court may, after considering the responsible officer’s report referred to in that subsection, amend the community requirements of the suspended sentence order, or any provision of the order which relates to those requirements.

(2) The court—

(a) may not amend the community requirements of the order so as to impose a requirement of a different kind unless the offender expresses his willingness to comply with that requirement,

(b) may not amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended,

(c) may amend the supervision period only if the period as amended complies with section 189(3) and (4),

(d) may not amend the operational period of the suspended sentence, and

(e) except with the consent of the offender, may not amend the order while an appeal against the order is pending.

(3) For the purposes of subsection (2)(a)—

(a) a community requirement falling within any paragraph of section 190(1) is of the same kind as any other community requirement falling within that paragraph, and

(b) an electronic monitoring requirement is a community requirement of the same kind as any requirement falling within section 190(1) to which it relates.

(4) If before a review hearing is held at any review the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress in complying with the community requirements of the order is satisfactory, it may order that no review hearing is to be held at that review; and if before a review hearing is held at any review, or at a review hearing, the court, after considering that report, is of that opinion, it may amend the suspended sentence order so as to provide for each subsequent review to be held without a hearing.

(5) If at a review held without a hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.

(6) If at a review hearing the court is of the opinion that the offender has without reasonable excuse failed to comply with any of the community requirements of the order, the court may adjourn the hearing for the purpose of dealing with the case under paragraph 8 of Schedule 12.

(7) At a review hearing the court may amend the suspended sentence order so as to vary the intervals specified under section 191(1).

(8) In this section any reference to the court, in relation to a review without a hearing, is to be read—

(a) in the case of the Crown Court, as a reference to a judge of the court, and

(b) in the case of a magistrates' court, as a reference to a justice of the peace acting for the commission area for which the court acts.