SCHEDULES
SCHEDULE 12Breach or amendment of suspended sentence order, and effect of further conviction
C1Part 2Breach of community requirement or conviction of further offence
Further provisions as to order that suspended sentence is to take effect
I19
1
When making an order under paragraph 8(2)(a) or (b) that a sentence is to take effect (with or without any variation of the original term F1...), the court—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
may order that the sentence is to take effect immediately or that the term of that sentence is to commence on the expiry of another term of imprisonment passed on the offender by that or another court.
2
The power to make an order under sub-paragraph (1)(b) has effect subject to section 265 (restriction on consecutive sentences for released prisoners).
3
For the purpose of any enactment conferring rights of appeal in criminal cases, F3each of the following orders is to be treated as a sentence passed on the offender by that court for the offence for which the suspended sentence was passedF4—
a
an order made by the court under paragraph 8(2)(a) or (b);
b
an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when making an order described in paragraph (a).
Sch. 12 Pt. 2 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 206, 383, Sch. 7; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; (as amended (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 para. 7 (with s. 23(4)); S.I. 2014/1287, art. 2(e))