Part VE+W CUSTODIAL SENTENCES ETC.

Chapter VE+WSuspended sentences of imprisonment

Suspended sentence supervision ordersE+W

124 Suspended sentence supervision orders: revocation, amendment and cessation.E+W

(1)A suspended sentence supervision order may be revoked on the application of the supervising officer or the offender—

(a)if it was made by the Crown Court and includes a direction reserving the power of revoking it to that court, by the Crown Court;

(b)in any other case, by a magistrates’ court acting for the petty sessions area for the time being specified in the order.

(2)Where a suspended sentence supervision order has been made on appeal, for the purposes of subsection (1) above it shall be deemed—

(a)if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;

(b)if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.

(3)If a magistrates’ court acting for the petty sessions area for the time being specified in a suspended sentence supervision order is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area, the court may, and on the application of the supervising officer shall, amend the order by substituting the other petty sessions area for the area specified in the order.

(4)Where a suspended sentence supervision order is amended by a court under subsection (3) above, the court shall send to the justices’ chief executive for the new area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.

(5)A suspended sentence supervision order shall cease to have effect if before the end of the period specified in it—

(a)a court orders under section 119 above that a suspended sentence passed in the proceedings in which the order was made shall have effect; or

(b)the order is revoked under subsection (1) above or replaced under section 122(8) above.