What a suspended sentence order isE+W
286Suspended sentence orderE+W
(1)A suspended sentence order is an order providing that a sentence of imprisonment or detention in a young offender institution in respect of an offence is not to take effect unless—
(a)an activation event occurs, and
(b)a court having power to do so subsequently orders under paragraph 13 of Schedule 16 that the sentence is to take effect.
(2)A suspended sentence order may also specify one or more available community requirements with which the offender must comply during the supervision period.
(3)An activation event occurs if the offender—
(a)commits another offence in the United Kingdom during the operational period (whether or not punishable with imprisonment), or
(b)during the supervision period, contravenes any community requirement imposed by the order.
(4)The community requirements are listed in column 1 of the community requirements table (see section 287).
(5)Provision about each requirement is made by the provisions of Schedule 9 mentioned in the corresponding entry in column 2 of that table.
(6)In this Code—
“suspended sentence order” has the meaning given by subsection (1);
“suspended sentence” means a sentence to which a suspended sentence order relates.
(7)In this Code, references to a community requirement of, or imposed by, a suspended sentence order are to a requirement specified in the order under subsection (2).
Modifications etc. (not altering text)
C1S. 286 modified by 2006 c. 52, s. 200(1)(c)(i) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C2S. 286 applied (with modifications) by 2006 s. 52, s. 200A (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I1S. 286 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
287Suspended sentence order: community requirements tableE+W
The community requirements table referred to in sections 286, 290 and 292 is—
Requirement | Part of Schedule 9 relating to requirement | Restrictions on availability |
---|---|---|
unpaid work requirement | Part 1 | |
rehabilitation activity requirement | Part 2 | |
programme requirement | Part 3 | |
prohibited activity requirement | Part 4 | |
curfew requirement | Part 5 | |
exclusion requirement | Part 6 | |
residence requirement | Part 7 | |
foreign travel prohibition requirement | Part 8 | |
mental health treatment requirement | Part 9 | |
drug rehabilitation requirement | Part 10 | |
[F1drug testing requirement | Part 10A | section 291(3A)] |
alcohol treatment requirement | Part 11 | |
alcohol abstinence and monitoring requirement | Part 12 | section 291(1) or (2) |
attendance centre requirement | Part 13 | section 291(3) |
electronic compliance monitoring requirement | Part 14 | section 291(4) |
electronic whereabouts monitoring requirement | Part 14 |
Textual Amendments
F1Words in s. 287 table inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 15 para. 4
Commencement Information
I2S. 287 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
288Operational period and supervision periodE+W
(1)A suspended sentence order must specify the operational period (see section 286(3)(a)).
(2)The operational period must be a period, beginning with the day on which the order is made, of—
(a)at least 6 months, and
(b)not more than 2 years.
(3)If a suspended sentence order imposes any community requirement or requirements, the order must specify the supervision period (see section 286(2)).
(4)The supervision period specified must be a period, beginning with the day on which the order is made, of—
(a)at least 6 months, and
(b)not more than—
(i)2 years, or
(ii)if less, the operational period.
(5)But if the suspended sentence order imposes an unpaid work requirement, the supervision period—
(a)continues until the offender has worked under the order for the number of hours specified in the order under paragraph 2(1) of Schedule 9, but
(b)does not continue beyond the end of the operational period.
Commencement Information
I3S. 288 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
289Suspended sentence to be treated generally as sentence of imprisonment etcE+W
(1)A suspended sentence which has not taken effect under paragraph 13 of Schedule 16 is to be treated as—
(a)a sentence of imprisonment, or
(b)as the case may be, a sentence of detention in a young offender institution,
for the purposes of all enactments and instruments made under enactments.
(2)Subsection (1) is subject to any provision to the contrary contained in—
(a)the Criminal Justice Act 1967,
(b)any enactment passed or instrument made under any enactment after 31 December 1967.
Commencement Information
I4S. 289 in force at 1.12.2020 by S.I. 2020/1236, reg. 2