SCHEDULES

SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction

PART 2Breach of community requirement or conviction of further offence

12Offender before Crown Court: breach of community requirement or further conviction

1

Where—

a

an offender to whom a suspended sentence order relates is before the Crown Court, and

b

sub-paragraph (2) or (3) applies,

the court must deal with the case under paragraph 13.

2

This sub-paragraph applies where—

a

the offender is before the Crown Court in relation to the order by virtue of—

i

paragraph 9 (summons or warrant for breach of community requirement),

ii

section 294(5) (review of order), or

iii

paragraph 10(3)(b) (committal from magistrates’ court), and

b

it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.

3

This sub-paragraph applies where the offender—

a

has been convicted of an offence committed during the operational period of the suspended sentence order, and

b

the suspended sentence has not taken effect.

4

In proceedings before the Crown Court under this paragraph—

a

any question whether the offender has breached a community requirement of the suspended sentence order, and

b

any question whether the offender has been convicted during the operational period of the suspended sentence,

is to be determined by the court and not by the verdict of a jury.