Sentencing Act 2020

PART 1E+WPreliminary

Interpretation: generalE+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

I1Sch. 16 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Enforcement officersE+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

I2Sch. 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

3E+WIn 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

I3Sch. 16 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders and community requirements which are subject to reviewE+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) [F1or 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) [F2or 293A(3)], or

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

(as the case may be).

Textual Amendments

Commencement Information

I4Sch. 16 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appealE+W

5E+WA 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

I5Sch. 16 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2