SCHEDULES
SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction
PART 2Breach of community requirement or conviction of further offence
12Offender before Crown Court: breach of community requirement or further conviction
1
Where—
a
an offender to whom a suspended sentence order relates is before the Crown Court, and
the court must deal with the case under paragraph 13.
2
This sub-paragraph applies where—
a
the offender is before the Crown Court in relation to the order by virtue of—
i
paragraph 9 (summons or warrant for breach of community requirement),
ii
section 294(5) (review of order), or
iii
paragraph 10(3)(b) (committal from magistrates’ court), and
b
it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.
3
This sub-paragraph applies where the offender—
a
has been convicted of an offence committed during the operational period of the suspended sentence order, and
b
the suspended sentence has not taken effect.
4
In proceedings before the Crown Court under this paragraph—
a
any question whether the offender has breached a community requirement of the suspended sentence order, and
b
any question whether the offender has been convicted during the operational period of the suspended sentence,
is to be determined by the court and not by the verdict of a jury.