Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

SCHEDULES

SCHEDULE 9 E+W Changes to powers to make suspended sentence orders: consequential and transitory provision

Part 1 E+W Consequential amendments

Criminal Justice Act 2003 (c. 44) E+W

2 E+W The Criminal Justice Act 2003 is amended as follows.

3 E+W For the heading of Chapter 3 of Part 12 substitute “ Suspended sentence orders ”.

4 E+W In section 190(2) (limits on power to impose requirements by suspended sentence order), for “189(1)(a)” substitute “ 189(1A) ”.

5 E+W In section 191(1) (power to provide for review of suspended sentence order), after “suspended sentence order” insert “ that imposes one or more community requirements ”.

6 (1) Section 195 (interpretation of Chapter 3) is amended as follows. E+W

(2) For the definition of “operational period” and “supervision period” substitute—

““the operational period”, in relation to a suspended sentence, has the meaning given by section 189(1)(a);”.

(3) After the definition of “sentence of imprisonment” insert—

““the supervision period”, in relation to a suspended sentence, has the meaning given by section 189(1A).”

7 (1) Section 196 (meaning of “relevant order”) is amended as follows. E+W

(2) In the heading, after “ “relevant order”” insert “ etc ”.

(3) After subsection (1) insert—

“(1A) In this Chapter “suspended sentence order” means a suspended sentence order that imposes one or more community requirements.”

8 E+W In section 200(4) (supervision period and operational period where unpaid work requirement imposed by suspended sentence order)—

(a) for “189(1)(a)” substitute “ 189(1A) ”, and

(b) for “189(1)(b)(ii)” substitute “ 189(1)(a) ”.

9 E+W In section 213(3)(d) (supervision requirement: meaning of “relevant period”) for “189(1)(a)” substitute “ 189(1A) ”.

10 (1) Paragraph 8 of Schedule 12 (powers of court in case of breach of community requirement or conviction of further offence) is amended as follows. E+W

(2) In sub-paragraph (2), at the beginning of paragraph (c) insert “ in the case of a suspended sentence order that imposes one or more community requirements, ”.

(3) After that paragraph insert—

“(d) in the case of a suspended sentence order that does not impose any community requirements, the court may, subject to section 189(3), amend the order by extending the operational period.”

(4) In sub-paragraph (4)(a), for “the community requirements” substitute “ any community requirements ”.

(5) In sub-paragraph (8), for “the community” substitute “ any community ”.

11 E+W In Part 3 of Schedule 12 (amendment of suspended sentence order), before paragraph 13 (and before the italic heading before that paragraph) insert—

“Application of Part E+W

12B This Part of this Schedule applies only in relation to a suspended sentence order that imposes one or more community requirements.”

12 (1) Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland) is amended as follows. E+W

(2) In paragraph 1(1) (suspended sentence order in respect of an offender residing in Scotland)—

(a) after “a suspended sentence order” in the first place those words appear insert “ that imposes one or more community requirements ”, and

(b) before “a suspended sentence order” in the second place those words appear insert “ such ”.

(3) In paragraph 6(1) (suspended sentence order in respect of an offender residing in Northern Ireland)—

(a) after “a suspended sentence order” in the first place those words appear insert “ that imposes one or more community requirements ”, and

(b) before “a suspended sentence order” in the second place those words appear insert “ such ”.