Sentencing (Pre-consolidation Amendments) Act 2020

102 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) is amended as follows.

(2) In paragraph 6(2) (failure to comply with community requirement: issue of summons or warrant by justice of the peace), for “while a suspended sentence order to which this paragraph applies is in force” substitute “during the supervision period of a suspended sentence order to which this paragraph applies”.

(3) In paragraph 7(2) (failure to comply with community requirement: issue of summons or warrant by Crown Court), for “while a suspended sentence order to which this paragraph applies is in force” substitute “during the supervision period of a suspended sentence order to which this paragraph applies”.

(4) In paragraph 8 (powers of court on breach of community requirement or conviction of further offence)—

(a) in sub-paragraph (1)—

(i) in paragraph (a), after “192(6)” insert “or sub-paragraph (6) of this paragraph”;

(ii) in paragraph (b), in the opening words, for “(other than one which” substitute “order (other than one in respect of which the suspended sentence”;

(b) in sub-paragraph (2)—

(i) in the opening words, omit “consider his case and”;

(ii) in paragraph (c)(i), after “include if” insert “the offender had just been convicted by or before it of the offence in respect of which the order was made and”;

(c) in sub-paragraph (6), for “or (c)” substitute “, (c) or (d)”;

(d) after sub-paragraph (7) insert—

“(7A) Where—

(a) an offender is convicted of an offence committed during the operational period of a suspended sentence order made by a magistrates’ court, and

(b) a magistrates’ court commits the offender to the Crown Court under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 to be dealt with in respect of the suspended sentence order,

sub-paragraph (2) does not apply to the magistrates’ court mentioned in paragraph (b).”

(5) In paragraph 9 (further provisions as to order that suspended sentence is to take effect), in sub-paragraph (1)(b), for “term of imprisonment” substitute “custodial sentence”.

(6) In paragraph 10 (restriction of powers in paragraph 8 where treatment required), omit sub-paragraph (2).

(7) In paragraph 12A (power to amend level of fines on breach or further conviction), for sub-paragraph (4) substitute—

“(4) Provision that may be made by an order under sub-paragraph (1) (a “fine amendment order”) includes provision that has effect in relation to a suspended sentence order made in respect of an offence (whenever committed) of which the offender was convicted after the fine amendment order comes into force.”

(8) In paragraph 13(1) (cancellation of community requirements of suspended sentence order), for “at any time while a suspended sentence order is in force” substitute “during the supervision period of a suspended sentence order”.

(9) In paragraph 14(1) (amendment by reason of change of residence), for “at any time while a suspended sentence order is in force” substitute “during the supervision period of a suspended sentence order”.

(10) In paragraph 14A(1) (amendment by reason of change of residence), for “at any time while a suspended sentence order is in force” substitute “during the supervision period of a suspended sentence order”.

(11) In paragraph 15 (amendment of community requirements of suspended sentence order)—

(a) in sub-paragraph (1)(b), after “include if” insert “the offender had just been convicted by or before it of the offence in respect of which the order was made and”;

(b) omit sub-paragraph (3);

(c) in sub-paragraph (4)(b), for the words after “in which” substitute “it could deal with the offender for the offence if the offender had just been convicted by or before it of the offence (but this is subject to sub-paragraph (4A)).”;

(d) after sub-paragraph (4) insert—

“(4A) Where the suspended sentence order was made by the Crown Court in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates’ court on convicting the offender of the offence, the power of the Crown Court under sub-paragraph (4)(b) is power to deal with the offender for the offence in any way in which a magistrates’ court could deal with the offender for the offence if it had just convicted the offender of the offence.”

(12) In paragraph 18(1), for “Where—” and paragraphs (a) and (b) substitute “Where, during the supervision period of a suspended sentence order imposing an unpaid work requirement, it appears to the appropriate court, on the application of the offender or an officer of a provider of probation services, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,”.

(13) In paragraph 21 (restrictions on imposing requirements), for the words after “effect” substitute “in relation to the imposition of any requirement under either of those paragraphs subject to any provision that applies to the court in making a suspended sentence order as if the court were imposing that requirement on making the order”.

(14) In paragraph 22 (copies of amending orders)—

(a) in sub-paragraph (1)—

(i) in the opening words, after “amending” insert “or revoking” and omit “the proper officer of”;

(ii) in paragraph (a), after “amending” insert “or revoking”;

(b) in sub-paragraph (2)—

(i) omit “the proper officer of”;

(ii) for “the officer” substitute “the court”;

(c) omit sub-paragraph (3).