Sentencing Act 2020 (c. 17)

SCHEDULES

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

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 1 E+W Preliminary

Interpretation: general E+W

1 (1) In this Schedule, in relation to a suspended sentence order— E+W

• “activation order” has the meaning given by paragraph 14(1);

• “the appropriate court” means—

  (a)

  in the case of a suspended sentence order which is subject to review, the court responsible for the order,

  (b)

  in the case of a Crown Court order, the Crown Court, and

  (c)

  in any other case, a magistrates' court acting in the local justice area for the time being specified in the order.

(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Commencement Information

I1 Sch. 16 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Enforcement officers E+W

2 (1) In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State. E+W

(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3) For this purpose, “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I2 Sch. 16 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

“Order subject to magistrates' court supervision” and “Crown Court order” E+W

3 E+W In this Schedule—

• “order subject to magistrates' court supervision” means a suspended sentence order that imposes any community requirement which—

  (a)

  was made by a magistrates' court, or

  (b)

  was made by the Crown Court and includes a direction that any breach of a community requirement of the order is to be dealt with by a magistrates' court;

• “Crown Court order” means a suspended sentence order that imposes any community requirement which—

  (a)

  was made by the Crown Court, and

  (b)

  does not include a direction that any breach of a community requirement of the order is to be dealt with by a magistrates' court.

Commencement Information

I3 Sch. 16 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders and community requirements which are subject to review E+W

4 (1) For the purposes of this Schedule, a suspended sentence order is subject to review if— E+W

(a) the order is subject to review in accordance with section 293(1) [F1 or 293A(1)], or

(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

(2) In this Schedule, a reference to the court responsible for a suspended sentence order which is subject to review is to the responsible court within the meaning given—

(a) in section 293(4) [F2 or 293A(3)], or

(b) in paragraph 21(4) of Schedule 9,

(as the case may be).

Textual Amendments

F1 Words in Sch. 16 para. 4(1)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(2)(a)

F2 Words in Sch. 16 para. 4(2)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(2)(b)

Commencement Information

I4 Sch. 16 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

5 E+W A suspended sentence order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.

Commencement Information

I5 Sch. 16 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2