First Group of PartsDiscipline

Part 8Sentencing Powers and Mandatory etc Sentences

Chapter 4Imprisonment for Term of Under 12 Months

Suspended sentences of imprisonment

205Amendment of order with community requirements

1

In Part 3 of Schedule 12 to the 2003 Act (amendment of order) as it applies to a suspended sentence order with community requirements made by a relevant service court—

a

“the appropriate court” means the Crown Court;

b

the reference in paragraph 17 to the court responsible for the order is to be read as a reference to the Crown Court; and

c

paragraphs 13(3), 14(5), 15(6), 16(4), 18(2) and 22(1)(b)(ii) and (d) and (2) shall be treated as omitted.

2

Paragraph 15 of that Schedule has effect in its application to such an order as if—

a

in sub-paragraph (4)(b) for the words “of the offence” there were substituted “of an offence punishable with imprisonment”; and

b

after sub-paragraph (5) there were inserted—

5A

A term of imprisonment or fine imposed under sub-paragraph (4)(b)—

a

must not exceed the maximum permitted for the offence in respect of which the order was made, and

b

where the order was made by the Service Civilian Court, must not exceed—

i

in the case of a term of imprisonment, 12 months;

ii

in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (c. 43).

3

Paragraphs 2(b) and 3 of that Schedule shall be treated as omitted for the purposes of Part 3 of that Schedule as it applies to such an order.

4

Where a sentence is passed under paragraph 15(4)(b) of Schedule 12 to the 2003 Act as modified by subsection (2) above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.