SCHEDULES

C1SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction

Annotations:
Modifications etc. (not altering text)
C1

Sch. 16 applied (with modifications) by 2006 c. 52, s. 200, 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)

PART 2Breach of community requirement or conviction of further offence

Issue of summons or warrant where court convicting of further offence does not deal with suspended sentence

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1

This paragraph applies where it appears to a justice of the peace that an offender—

a

has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence passed by a magistrates' court acting in the same local justice area as the justice, and

b

has not been dealt with in respect of the suspended sentence.

2

The justice may issue—

a

a summons requiring the offender to appear at the place and time specified in it, or

b

a warrant for the offender's arrest.

This is subject to sub-paragraphs (3) and (4).

3

Unless acting in consequence of a notice under paragraph 18 (conviction in Scotland or Northern Ireland), a justice—

a

may not issue a summons under this paragraph except on information, and

b

may not issue a warrant under this paragraph except on information in writing and on oath.

4

A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court by which the suspended sentence was passed.