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The Magistrates' Courts Rules 1981

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This is the original version (as it was originally made).

SUSPENDED SENTENCES

Entries in register in respect of suspended sentences

29.—(1) Where under section 23 of the Powers of Criminal Courts Act 1973 a magistrates' court deals with a person in respect of a suspended sentence otherwise than by making an order under subsection (1)(a) of that section, the court shall cause to be entered in the register its reasons for its opinion that it would be unjust to make such an order.

(2) Where an offender is dealt with under the said section 23 in respect of a suspended sentence passed by a magistrates' court, the clerk of the court shall note this in the register against the original entry in respect of the suspended sentence, or where the suspended sentence was not passed by that court, shall notify the clerk of the court by which it was passed who shall note it in the register against the original entry in respect of the suspended sentence.

Suspended sentence supervision orders

30.—(1) Where a magistrates' court makes an order under section 23(1)(a) or (b) of the Powers of Criminal Courts Act 1973 in respect of a person who is subject to a suspended sentence supervision order, the clerk of the court shall note this in the register against the original entry in respect of the suspended sentence supervision order, or where that order was not made by that court, shall—

(a)if the order was made by another magistrates' court, notify the clerk of that court who shall note the court register accordingly; or

(b)if the order was made by the Crown Court, notify the appropriate officer of the Crown Court.

(2) Where a magistrates' court discharges a suspended sentence supervision order under section 26(9) of the said Act of 1973, the clerk of the court shall note this in the register against the original entry in respect of that order, or where that order was not made by that court, shall—

(a)if the order was made by another magistrates' court, notify the clerk of that court who shall note the court register accordingly; or

(b)if the order was made by the Crown Court, notify the appropriate officer of the Crown Court.

(3) Where a magistrates' court fines a person under section 27 of the said Act of 1973 for breach of the requirements of a suspended sentence supervision order which was not made by that court, the clerk of the court shall—

(a)if the order was made by another magistrates' court, notify the clerk of that court; or

(b)if the order was made by the Crown Court, notify the appropriate officer of the Crown Court.

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