C1Part 8Sentencing Powers and Mandatory etc Sentences
Chapter 4Imprisonment for Term of F9two years or less
Words in Pt. 8 Ch. 4 heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 17 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Suspended sentences of imprisonment
200F10Suspended sentence orders
1
In the following provisions of the Sentencing Code, “court” includes a relevant service court—
a
section 264 (suspended sentence order for offender under 21: availability);
b
section 277 (suspended sentence order for person aged 21 or over: availability);
c
in Chapter 5 of Part 10 (suspended sentences)—
i
section 286 (suspended sentence order);
ii
section 292 (power to impose requirements);
iii
section 298 (provision of copies of order etc);
iv
section 302 (duty to obtain permission before changing residence);
d
Schedule 9 (community requirements), other than paragraphs 21 and 22 (review of drug rehabilitation requirement);
e
in Schedule 17 (transfer of suspended sentence orders to Scotland and Northern Ireland)—
i
paragraph 1 (restriction on making relevant suspended sentence order where offender resides in Scotland);
ii
paragraph 4 (restriction on making relevant suspended sentence order where offender resides in Northern Ireland);
iii
Part 3 (making of orders);
and the provisions of the Sentencing Code relating to suspended sentence orders apply accordingly to suspended sentence orders made by a relevant service court.
2
In their application to a suspended sentence order made by a relevant service court, the provisions of the Sentencing Code relating to suspended sentence orders are modified as set out in—
a
sections 200A to 204, and
b
Schedule 7 (modifications of Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order and effect of further conviction)).
200AModifications of section 286 of the Sentencing Code
Section 286 of the Sentencing Code has effect in relation to a suspended sentence order made by a relevant service court as if—
a
after subsection (2) there were inserted—
2A
But a court may not specify a requirement to be complied with outside the United Kingdom.
b
in subsection (3), for paragraph (a) (but not the “or” after it) there were substituted—
a
commits during the operational period—
i
another service offence (within the meaning of the Armed Forces Act 2006), or
ii
an offence under the law of any part of the British Islands,
F1201Order without community requirements: provisions not applying
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1I2202Order with community requirements: disapplication of certain provisions
The following provisions of F6the Sentencing Code do not apply in relation to a suspended sentence order with community requirements made by a relevant service court—
203F2Review of order with community requirements
1
Section 293 of the Sentencing Code (power to provide for review of suspended sentence order) has effect in relation to a suspended sentence order made by a relevant service court as if for subsections (4) to (6) there were substituted—
4
In this section “the responsible court” in relation to a suspended sentence order means the Crown Court.
2
In their application to a suspended sentence order made by a relevant service court, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.
3
Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for sub-paragraphs (4) to (6) there were substituted—
4
In this paragraph “the responsible court”, in relation to a suspended sentence order made by a relevant service court imposing a drug rehabilitation requirement, means the Crown Court.
C24
Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—
5A
In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—
a
in the case of a term of imprisonment or detention in a young offender institution, 6 months;
b
in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.
5B
Where a sentence is passed under sub-paragraph (4)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
204F3Transfer to Scotland or Northern Ireland of order with community requirements
Schedule 17 to the Sentencing Code (transfer of suspended sentence orders to Scotland or Northern Ireland) has effect in relation to a suspended sentence order made by a relevant service court as if—
a
in paragraph 23, sub-paragraph (1)(b) and (c) were omitted;
b
in paragraph 25, sub-paragraphs (b) and (c) were omitted;
c
in paragraph 38, sub-paragraph (3)(b) were omitted;
d
in paragraph 41(1), for the definition of “original court” there were substituted—
“original court”, in relation to an SSSO or an NISSO, means the Crown Court;
F4205Amendment of order with community requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5206Suspended sentence: further conviction or breach of community requirement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)