Part V CUSTODIAL SENTENCES ETC.
Chapter VSuspended sentences of imprisonment
Suspended sentences of imprisonment
118 Suspended sentences of imprisonment.
1
A court which passes a sentence of imprisonment for a term of not more than two years for an offence may (subject to subsection (4) below) order that the sentence shall not take effect unless, during a period specified in the order, the offender commits in Great Britain another offence punishable with imprisonment and thereafter a court having power to do so orders under section 119 below that the original sentence shall take effect.
2
The period specified in an order under subsection (1) above must be a period of not less than one year nor more than two years beginning with the date of the order.
3
In this Act—
“suspended sentence” means a sentence to which an order under subsection (1) above relates; and
“operational period”, in relation to such a sentence, means the period specified in the order under subsection (1).
4
A court shall not deal with an offender by means of a suspended sentence unless it is of the opinion—
a
that the case is one in which a sentence of imprisonment would have been appropriate even without the power to suspend the sentence; and
b
that the exercise of that power can be justified by the exceptional circumstances of the case.
5
A court which passes a suspended sentence on any person for an offence shall consider whether the circumstances of the case are such as to warrant in addition the imposition of a fine or the making of a compensation order.
6
A court which passes a suspended sentence on any person for an offence shall not impose a community sentence in his case in respect of that offence or any other offence of which he is convicted by or before the court or for which he is dealt with by the court.
7
On passing a suspended sentence the court shall explain to the offender in ordinary language his liability under section 119 below if during the operational period he commits an offence punishable with imprisonment.
8
Subject to any provision to the contrary contained in the M1Criminal Justice Act 1967, this Act or any other enactment passed or instrument made under any enactment after 31st December 1967—
a
a suspended sentence which has not taken effect under section 119 below shall be treated as a sentence of imprisonment for the purposes of all enactments and instruments made under enactments except any enactment or instrument which provides for disqualification for or loss of office, or forfeiture of pensions, of persons sentenced to imprisonment; and
b
where a suspended sentence has taken effect under section 119, the offender shall be treated for the purposes of the enactments and instruments excepted by paragraph (a) above as having been convicted on the ordinary date on which the period allowed for making an appeal against an order under that section expires or, if such an appeal is made, the date on which it is finally disposed of or abandoned or fails for non-prosecution.