THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
C2CHAPTER 5Suspended sentences
What a suspended sentence order is
I1C1C3286Suspended sentence order
1
A suspended sentence order is an order providing that a sentence of imprisonment or detention in a young offender institution in respect of an offence is not to take effect unless—
a
an activation event occurs, and
b
a court having power to do so subsequently orders under paragraph 13 of Schedule 16 that the sentence is to take effect.
2
A suspended sentence order may also specify one or more available community requirements with which the offender must comply during the supervision period.
3
An activation event occurs if the offender—
a
commits another offence in the United Kingdom during the operational period (whether or not punishable with imprisonment), or
b
during the supervision period, contravenes any community requirement imposed by the order.
4
The community requirements are listed in column 1 of the community requirements table (see section 287).
5
Provision about each requirement is made by the provisions of Schedule 9 mentioned in the corresponding entry in column 2 of that table.
6
In this Code—
“suspended sentence order” has the meaning given by subsection (1);
“suspended sentence” means a sentence to which a suspended sentence order relates.
7
In this Code, references to a community requirement of, or imposed by, a suspended sentence order are to a requirement specified in the order under subsection (2).
I2287Suspended sentence order: community requirements table
The community requirements table referred to in sections 286, 290 and 292 is—
Requirement | Part of Schedule 9 relating to requirement | Restrictions on availability |
|---|---|---|
unpaid work requirement | Part 1 | |
rehabilitation activity requirement | Part 2 | |
programme requirement | Part 3 | |
prohibited activity requirement | Part 4 | |
curfew requirement | Part 5 | |
exclusion requirement | Part 6 | |
residence requirement | Part 7 | |
foreign travel prohibition requirement | Part 8 | |
mental health treatment requirement | Part 9 | |
drug rehabilitation requirement | Part 10 | |
alcohol treatment requirement | Part 11 | |
alcohol abstinence and monitoring requirement | Part 12 | section 291(1) or (2) |
attendance centre requirement | Part 13 | section 291(3) |
electronic compliance monitoring requirement | Part 14 | section 291(4) |
electronic whereabouts monitoring requirement | Part 14 |
I3288Operational period and supervision period
1
A suspended sentence order must specify the operational period (see section 286(3)(a)).
2
The operational period must be a period, beginning with the day on which the order is made, of—
a
at least 6 months, and
b
not more than 2 years.
3
If a suspended sentence order imposes any community requirement or requirements, the order must specify the supervision period (see section 286(2)).
4
The supervision period specified must be a period, beginning with the day on which the order is made, of—
a
at least 6 months, and
b
not more than—
i
2 years, or
ii
if less, the operational period.
5
But if the suspended sentence order imposes an unpaid work requirement, the supervision period—
a
continues until the offender has worked under the order for the number of hours specified in the order under paragraph 2(1) of Schedule 9, but
b
does not continue beyond the end of the operational period.
I4289Suspended sentence to be treated generally as sentence of imprisonment etc
1
A suspended sentence which has not taken effect under paragraph 13 of Schedule 16 is to be treated as—
a
a sentence of imprisonment, or
b
as the case may be, a sentence of detention in a young offender institution,
for the purposes of all enactments and instruments made under enactments.
2
Subsection (1) is subject to any provision to the contrary contained in—
a
the Criminal Justice Act 1967,
b
any enactment passed or instrument made under any enactment after 31 December 1967.
Pt. 10 Ch. 5 applied (with modifications) by 2006 s. 52, ss. 200-207, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19-26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)