SCHEDULES

SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction

PART 1Preliminary

1Interpretation: general

1

In this Schedule, in relation to a suspended sentence order—

  • “activation order” has the meaning given by paragraph 14(1);

  • “the appropriate court” means—

    1. a

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

    2. b

      in the case of a Crown Court order, the Crown Court, and

    3. c

      in any other case, a magistrates’ court acting in the local justice area for the time being specified in the order.

2

In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

2Enforcement officers

1

In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.

2

An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

3

For this purpose, “public sector provider” means—

a

a probation trust or other public body, or

b

the Secretary of State.

3“Order subject to magistrates’ court supervision” and “Crown Court order”

In this Schedule—

  • “order subject to magistrates’ court supervision” means a suspended sentence order that imposes any community requirement which—

    1. a

      was made by a magistrates’ court, or

    2. b

      was made by the Crown Court and includes a direction that any breach of a community requirement of the order is to be dealt with by a magistrates’ court;

  • “Crown Court order” means a suspended sentence order that imposes any community requirement which—

    1. a

      was made by the Crown Court, and

    2. b

      does not include a direction that any breach of a community requirement of the order is to be dealt with by a magistrates’ court.

4Orders and community requirements which are subject to review

1

For the purposes of this Schedule, a suspended sentence order is subject to review if—

a

the order is subject to review in accordance with section 293(1), or

b

the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

2

In this Schedule, a reference to the court responsible for a suspended sentence order which is subject to review is to the responsible court within the meaning given—

a

in section 293(4), or

b

in paragraph 21(4) of Schedule 9,

(as the case may be).

5Orders made on appeal

A suspended sentence order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.