Legal Aid, Sentencing and Punishment of Offenders Act 2012

68 Changes to powers to make suspended sentence order

(1) In section 189 of the Criminal Justice Act 2003 (suspended sentences of imprisonment), for subsection (1) substitute—

“(1) If a court passes a sentence of imprisonment for a term of least 14 days but not more than 2 years, it may make an order providing that the sentence of imprisonment is not to take effect unless—

(a) during a period specified in the order for the purposes of this paragraph (“the operational period”) the offender commits another offence in the United Kingdom (whether or not punishable with imprisonment), and

(b) a court having power to do so subsequently orders under paragraph 8 of Schedule 12 that the original sentence is to take effect.

(1A) An order under subsection (1) may also provide that the offender must comply during a period specified in the order for the purposes of this subsection (“the supervision period”) with one or more requirements falling within section 190(1) and specified in the order.

(1B) Where an order under subsection (1) contains provision under subsection (1A), it must provide that the sentence of imprisonment will also take effect if—

(a) during the supervision period the offender fails to comply with a requirement imposed under subsection (1A), and

(b) a court having power to do so subsequently orders under paragraph 8 of Schedule 12 that the original sentence is to take effect.”

(2) In subsection (2) of that section (application of subsection (1) where consecutive sentences imposed), for the words from “does not exceed” to the end of the subsection substitute “does not exceed 2 years”.

(3) In subsection (3) of that section (length of supervision period and operational period), after “supervision period” insert “(if any)”.

(4) In subsection (4) of that section (supervision period not to end later than operational period), at the beginning insert “Where an order under subsection (1) imposes one or more community requirements,”.

(5) In subsection (7)(c) of that section (meaning of “community requirement”), for “(1)(a)” substitute “(1A)”.

(6) Schedule 9 (changes to powers to make suspended sentence orders: consequential and transitory provision) has effect.

(7) The amendments and modifications made by this section and that Schedule apply in relation to offences committed before or after the coming into force of any provision of this section or that Schedule.