FIFTH GROUP OF PARTSSentencing: miscellaneous provision and interpretation
PART 12Miscellaneous provision about sentencing
CHAPTER 6Orders imposing community requirements
395AF1Community and suspended sentence orders qualifying for special procedures
1
A community order or suspended sentence order qualifies for special procedures for the purposes of a relevant provision if the order—
a
is of a description specified in regulations for the purposes of that provision, and
b
is made within a period, or after a time, so specified.
2
In subsection (1) “relevant provision” means—
a
section 217A;
b
section 293A;
c
paragraphs 10(5)(ba) and 11(2)(ba) of Schedule 10;
d
paragraph 13(1)(da) of Schedule 16.
3
A description specified under subsection (1)(a) may, among other things, be framed by reference to—
a
the courts by which the orders are made (for example, courts sitting in particular places or areas);
b
the persons who are subject to the orders (for example, persons of a particular sex);
c
the offences to which the orders relate.
4
Where regulations under subsection (1)(a) specify a description of community or suspended sentence order for the first time, they must under subsection (1)(b) specify, in relation to that description of order, a period of 18 months beginning with the day on which the regulations come into force.
5
Regulations under this section are to be made by the Secretary of State.
6
Regulations under this section are subject to—
a
the negative resolution procedure, where under subsection (1)(b) the regulations specify a period, and
b
the affirmative resolution procedure, in any other case.