C10C9Part 12Sentencing
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
Chapter 3F3Suspended sentence orders
Pt. 12 Ch. 3 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 9 para. 3 (with s. 68(7)); S.I. 2012/2906, art. 2(g)
Prison sentences of less than 12 months
F2181Prison sentences of less than 12 months
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F2182Licence conditions
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Intermittent custody
F2183Intermittent custody
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F2184Restrictions on power to make intermittent custody order
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F2185Intermittent custody: licence conditions
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F2186Further provisions relating to intermittent custody
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Further provision about custody plus orders and intermittent custody orders
F2187Revocation or amendment of order
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F2188Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
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Suspended sentences
I1C1C8189Suspended sentences of imprisonment
C2F41
If a court passes a sentence of imprisonmentC8 for a term of least 14 days but not more than 2 years, it may make an order providing that the sentence of imprisonmentC8 is not to take effect unless—
a
during a period specified in the order for the purposes of this paragraph (“the operational period”) the offender commits another offence in the United Kingdom (whether or not punishable with imprisonment), and
b
a court having power to do so subsequently orders under paragraph 8 of Schedule 12 that the original sentence is to take effect.
1A
An order under subsection (1) may also provide that the offender must comply during a period specified in the order for the purposes of this subsection (“the supervision period”) with one or more requirements falling within section 190(1) and specified in the order.
1B
Where an order under subsection (1) contains provision under subsection (1A), it must provide that the sentence of imprisonmentC8 will also take effect if—
a
during the supervision period the offender fails to comply with a requirement imposed under subsection (1A), and
b
a court having power to do so subsequently orders under paragraph 8 of Schedule 12 that the original sentence is to take effect.
2
Where two or more sentences imposed on the same occasion are to be served consecutively, the power conferred by subsection (1) is not exercisable in relation to any of them unless the aggregate of the terms of the sentences F5does not exceed 2 years.
3
The supervision period F6(if any) and the operational period must each be a period of not less than six months and not more than two years beginning with the date of the order.
4
F7Where an order under subsection (1) imposes one or more community requirements, the supervision period must not end later than the operational period.
5
A court which passes a suspended sentence on any person for an offence may not impose a community sentence in his case in respect of that offence or any other offence of which he is convicted by or before the court or for which he is dealt with by the court.
6
Subject to any provision to the contrary contained in the Criminal Justice Act 1967 (c. 80), the Sentencing Act or any other enactment passed or instrument made under any enactment after 31st December 1967, a suspended sentence which has not taken effect under paragraph 8 of Schedule 12 is to be treated as a sentence of imprisonment for the purposes of all enactments and instruments made under enactments.
7
In this Part—
a
“suspended sentence order” means an order under subsection (1),
b
“suspended sentence” means a sentence to which a suspended sentence order relates, and
c
“community requirement”, in relation to a suspended sentence order, means a requirement imposed under subsection F8(1A).
I2C3C4190Imposition of requirements by suspended sentence order
1
The requirements falling within this subsection are—
a
an unpaid work requirement (as defined by section 199),
F22aa
a rehabilitation activity requirement (as defined by section 200A),
F25b
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c
a programme requirement (as defined by section 202),
d
a prohibited activity requirement (as defined by section 203),
e
a curfew requirement (as defined by section 204),
f
an exclusion requirement (as defined by section 205),
g
a residence requirement (as defined by section 206),
F9ga
a foreign travel prohibition requirement (as defined by section 206A),
h
a mental health treatment requirement (as defined by section 207),
i
a drug rehabilitation requirement (as defined by section 209),
j
an alcohol treatment requirement (as defined by section 212),
F28ja
an alcohol abstinence and monitoring requirement (as defined by section 212A),
F26k
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l
in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214).
2
Section F10189(1A) has effect subject to section 218 and to the following provisions of Chapter 4 relating to particular requirements—
a
section 199(3) (unpaid work requirement),
F27b
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F11c
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d
section 203(2) (prohibited activity requirement),
e
section 207(3) (mental health treatment requirement),
f
section 209(2)
(drug rehabilitation requirement), F29and
g
section 212(2) and (3) (alcohol treatment requirement) F30, and
h
section 212A(8) to (12) (alcohol abstinence and monitoring requirement).
3
Where the court makes a suspended sentence order imposing a curfew requirement or an exclusion requirement, it must also impose an electronic monitoring requirement (as defined by section 215) unless—
a
the court is prevented from doing so by section 215(2) or 218(4), or
b
in the particular circumstances of the case, it considers it inappropriate to do so.
4
Where the court makes a suspended sentence order imposing an unpaid work requirement, F23a rehabilitation activity requirement,F24... a programme requirement, a prohibited activity requirement, a residence requirement, F12a foreign travel prohibition requirement, a mental health treatment requirement, a drug rehabilitation requirement, an alcohol treatment requirement F24... or an attendance centre requirement, the court may also impose an electronic monitoring requirement unless the court is prevented from doing so by section 215(2) or 218(4).
5
Before making a suspended sentence order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.
I3C5C6191Power to provide for review of suspended sentence order
1
A suspended sentence order F13that imposes one or more community requirements may—
a
provide for the order to be reviewed periodically at specified intervals,
b
provide for each review to be made, subject to section 192(4), at a hearing held for the purpose by the court responsible for the order (a “review hearing”),
c
require the offender to attend each review hearing, and
d
provide for F21an officer of a provider of probation services to make to the court responsible for the order, before each review, a report on the offender’s progress in complying with the community requirements of the order.
2
Subsection (1) does not apply in the case of an order imposing a drug rehabilitation requirement (provision for such a requirement to be subject to review being made by section 210).
3
In this section references to the court responsible for a suspended sentence order are references—
a
where a court is specified in the order in accordance with subsection (4), to that court;
b
in any other case, to the court by which the order is made.
4
Where the area specified in a suspended sentence order made by a magistrates' court is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purpose of subsection (3) a magistrates' court which acts for the area specified in the order.
5
Where a suspended sentence order has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, it is to be taken for the purposes of subsection (3)(b) to have been made by the Crown Court.
I4C7192Periodic reviews of suspended sentence order
1
At a review hearing (within the meaning of subsection (1) of section 191) the court may, after considering the F17... officer’s report referred to in that subsection F18(“the review officer's report”), amend the community requirements of the suspended sentence order, or any provision of the order which relates to those requirements.
2
The court—
a
may not amend the community requirements of the order so as to impose a requirement of a different kind unless the offender expresses his willingness to comply with that requirement,
b
may not amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended,
c
may amend the supervision period only if the period as amended complies with section 189(3) and (4),
d
may not amend the operational period of the suspended sentence, and
e
except with the consent of the offender, may not amend the order while an appeal against the order is pending.
3
For the purposes of subsection (2)(a)—
a
a community requirement falling within any paragraph of section 190(1) is of the same kind as any other community requirement falling within that paragraph, and
b
an electronic monitoring requirement is a community requirement of the same kind as any requirement falling within section 190(1) to which it relates.
4
If before a review hearing is held at any review the court, after considering the F19review officer’s report, is of the opinion that the offender’s progress in complying with the community requirements of the order is satisfactory, it may order that no review hearing is to be held at that review; and if before a review hearing is held at any review, or at a review hearing, the court, after considering that report, is of that opinion, it may amend the suspended sentence order so as to provide for each subsequent review to be held without a hearing.
5
If at a review held without a hearing the court, after considering the F20review officer’s report, is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
6
If at a review hearing the court is of the opinion that the offender has without reasonable excuse failed to comply with any of the community requirements of the order, the court may adjourn the hearing for the purpose of dealing with the case under paragraph 8 of Schedule 12.
7
At a review hearing the court may amend the suspended sentence order so as to vary the intervals specified under section 191(1).
8
In this section any reference to the court, in relation to a review without a hearing, is to be read—
a
in the case of the Crown Court, as a reference to a judge of the court, and
b
in the case of a magistrates' court, as a reference to a justice of the peace F1. . . .
I5193Breach, revocation or amendment of suspended sentence order, and effect of further conviction
Schedule 12 (which relates to the breach, revocation or amendment of the community requirements of suspended sentence orders, and to the effect of any further conviction) shall have effect.
I6194Transfer of suspended sentence orders to Scotland or Northern Ireland
Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland) shall have effect.
Interpretation of Chapter
I7195Interpretation of Chapter 3
In this Chapter—
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14“the operational period”, in relation to a suspended sentence, has the meaning given by section 189(1)(a);
“sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.
F15“the supervision period”, in relation to a suspended sentence, has the meaning given by section 189(1A).
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4