THIRD GROUP OF PARTSDisposals

PART 10Custodial sentences

CHAPTER 5Suspended sentences

Provision for review of suspended sentence order with community requirements

293Power 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 (“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.