SCHEDULES
C1SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction
PART 2Breach of community requirement or conviction of further offence
Offender before magistrates' court: breach of community requirement
I110
1
This paragraph applies where—
a
the offender is before a magistrates' court (“the present court”) in relation to a suspended sentence order by virtue of—
i
paragraph 8 (breach of community requirement), or
ii
section 294(5) (review), 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.
2
If the suspended sentence order was made by a magistrates' court, the present court must deal with the case under paragraph 13.
3
If the suspended sentence order was made by the Crown Court, the present court must—
a
deal with the case under paragraph 13, or
b
commit the offender to custody or release the offender on bail until the offender can be brought or appear before the Crown Court.
4
If the present court deals with the case under sub-paragraph (3)(b), it must send the Crown Court—
a
a certificate signed by a justice of the peace certifying that the offender has breached the community requirements of the suspended sentence order in the respect specified in the certificate, and
b
such other particulars of the case as may be desirable;
and a certificate purporting to be so signed is admissible as evidence of the breach before the Crown Court.
Sch. 16 applied (with modifications) by 2006 c. 52, s. 200, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)