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.