Sentencing Act 2020

PART 5 U.K. Breach of community requirement

Application U.K.

17 U.K. This Part of this Schedule—

(a) applies where an SSSO or an NISSO is in force in respect of an offender, and

(b) includes provisions that modify, or apply in place of, certain provisions of Part 2 of Schedule 16 (breach of community requirement or conviction of further offence).

Commencement Information

I1 Sch. 17 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of community requirement: duty to give warning or refer to home court U.K.

18 (1) This paragraph applies where the relevant officer is of the opinion that the offender has without reasonable excuse breached a community requirement of the order. U.K.

(2) If the offender has been given a relevant warning within the previous 12 months in relation to a breach of any community requirement of the order, the officer must—

(a) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(b) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(3) Otherwise the officer must—

(a) give the offender a warning under this paragraph,

(b) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(c) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(4) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.

(5) As soon as practicable after giving a warning under this paragraph, the relevant officer must record that fact.

(6) For the purposes of sub-paragraph (2), a relevant warning is a warning under—

(a) this paragraph, or

(b) paragraph 6 of Schedule 16 (corresponding provision for order not transferred to Scotland or Northern Ireland).

(7) If the suspended sentence order is amended under paragraph 35 (transfer back to England and Wales), the reference in paragraph 6(2) of Schedule 16 to a previous warning under paragraph 6 of that Schedule includes a reference to a warning under this paragraph.

Commencement Information

I2 Sch. 17 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of citation or warrant by home court U.K.

19 (1) Sub-paragraph (2) applies where it appears to the home court— U.K.

(a) if that court is in Scotland, on information from the relevant officer, or

(b) if that court is in Northern Ireland, upon a complaint being made by the relevant officer,

that the offender has breached a community requirement of the suspended sentence order without reasonable excuse.

(2) The home court may—

(a) if it is in Scotland—

(i) issue a citation requiring the offender to appear before it at the time specified in the citation, or

(ii) issue a warrant for the offender's arrest;

(b) if it is in Northern Ireland—

(i) issue a summons requiring the offender to appear before it at the time specified in the summons, or

(ii) issue a warrant for the offender' arrest.

Commencement Information

I3 Sch. 17 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of home court to determine breach or refer to original court U.K.

20 (1) The court before which an offender appears or is brought by virtue of paragraph 19 must— U.K.

(a) determine whether the offender has breached any community requirement of the suspended sentence order without reasonable excuse, or

(b) require the offender to appear before the original court.

(2) Sub-paragraphs (3) to (6) apply if the home court determines under sub-paragraph (1)(a) that the offender has breached any requirement of the order without reasonable excuse.

(3) The court must—

(a) require the offender to appear before the original court, and

(b) send the original court a certificate certifying that the offender has without reasonable excuse breached the requirements of the order in the respect specified.

(4) Sub-paragraph (5) applies when the offender appears before the original court by virtue of sub-paragraph (3).

(5) Paragraph 10 or, as the case may be, 12 of Schedule 16 (functions of court on breach of community requirement) applies as if what the home court had determined under sub-paragraph (1)(a) had already been proved to the satisfaction of the original court.

(6) Where an offender is required under sub-paragraph (3)(a) to appear before the original court, a certificate under sub-paragraph (3)(b) signed by the clerk of the home court is admissible before the original court as conclusive evidence of the matters stated in it.

(7) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power by virtue of sub-paragraph (1)(b) or (3)(a).

Commencement Information

I4 Sch. 17 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Determination by home court of breach of community requirement: further provision U.K.

21 (1) Sub-paragraph (2) applies where an offender— U.K.

(a) is required by any of the following community requirements of a suspended sentence order to submit to treatment—

(i) a mental health treatment requirement,

(ii) a drug rehabilitation requirement, or

(iii) an alcohol treatment requirement, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 20 as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the offender's refusal was reasonable having regard to all the circumstances.

(3) Where the court makes a determination under paragraph 20(1)(a), the evidence of one witness is sufficient.

(4) If the order—

(a) is an SSSO, and

(b) contains an electronic monitoring requirement,

section 245H of the Criminal Procedure (Scotland) Act 1995 (documentary evidence) applies to proceedings under paragraph 20 as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).

Commencement Information

I5 Sch. 17 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 U.K. Paragraphs 18 to 21 have effect in place of paragraphs 6 and 7 of Schedule 16 (breach or amendment of suspended sentence order).

Commencement Information

I6 Sch. 17 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of Part 2 of Schedule 16 etc U.K.

23 (1) Part 2 of Schedule 16 (breach of community requirement and effect of further conviction), apart from paragraphs 6 and 7, applies as if— U.K.

(a) any reference to the responsible officer were to the relevant officer;

(b) any reference to a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;

(c) any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;

(d) any reference to the appropriate court were to the original court;

(e) for sub-paragraphs (i) and (ii) of paragraph 8(3)(b) there were substituted “ the same local justice area as the original court ”.

(2) No court in England and Wales may exercise any power in relation to any breach by the offender of a community requirement of the order unless the offender has been required to appear before that court in accordance with paragraph 20(1)(b) or (3)(a).

Commencement Information

I7 Sch. 17 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2