THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
C2CHAPTER 5Suspended sentences
Provision for review of suspended sentence order with community requirements
I1C1293Power to provide for review of suspended sentence order
1
A suspended sentence order which imposes one or more community requirements may make provision for the order to be reviewed periodically (“provision for review”).
This is subject to subsection (3).
2
Where an order contains provision for review, it must—
a
specify the intervals at which the order is to be reviewed,
b
provide for each review to be made, subject to section 295, at a hearing held for the purpose by the responsible court (a “review hearing”),
c
require the offender to attend each review hearing, and
d
provide for a report by an officer of a provider of probation services on the offender's progress in complying with the community requirements of the order F2(a “progress report”) to be made to the responsible court before each review.
3
If the suspended sentence order—
a
imposes a drug rehabilitation requirement, and
b
contains provision for review under this section,
the provision for review must not include provision relating to that requirement (but see paragraph 22 of Schedule 9 for separate provision about review of such a requirement).
4
In this section “the responsible court” in relation to a suspended sentence order means—
a
if a court is specified in the order in accordance with subsection (5), that court;
b
otherwise, the court by which the order is made.
5
Where—
a
a suspended sentence order is made by a magistrates' court, and
b
the offender's home local justice area is not the area in which the court acts,
the order may specify that the responsible court is to be a magistrates' court which acts in the offender's home local justice area.
6
A suspended sentence order made on an appeal from—
a
the Crown Court, or
b
the Court of Appeal,
is to be taken for the purposes of subsection (4)(b) to have been made by the Crown Court.
F17
Nothing in this section applies in relation to suspended sentence orders which qualify for special procedures for the purposes of section 293A.
Pt. 10 Ch. 5 applied (with modifications) by 2006 s. 52, ss. 200-207, 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)