Part V CUSTODIAL SENTENCES ETC.
Chapter VSuspended sentences of imprisonment
Suspended sentences of imprisonment
121 Procedure where court convicting of further offence does not deal with suspended sentence.
1
If it appears to the Crown Court, where that court has jurisdiction in accordance with subsection (2) below, or to a justice of the peace having jurisdiction in accordance with that subsection—
a
that an offender has been convicted in Great Britain of an offence punishable with imprisonment committed during the operational period of a suspended sentence, and
b
that he has not been dealt with in respect of the suspended sentence,
that court or justice may, subject to the following provisions of this section, issue a summons requiring the offender to appear at the place and time specified in it, or a warrant for his arrest.
2
Jurisdiction for the purposes of subsection (1) above may be exercised—
a
if the suspended sentence was passed by the Crown Court, by that court;
b
if it was passed by a magistrates’ court, by a justice acting for the area for which that court acted.
3
Where—
a
an offender is convicted by a court in Scotland of an offence punishable with imprisonment, and
b
the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales,
the court shall give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.
4
Unless he is acting in consequence of a notice under subsection (3) above, a justice of the peace shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.
5
A summons or warrant issued under this section shall direct the offender to appear or to be brought before the court by which the suspended sentence was passed.
6
In relation to a suspended sentence passed on appeal, this section is to be construed in accordance with section 120(3) above.