SCHEDULES
SCHEDULE 16

Breach or amendment of suspended sentence order, and effect of further conviction
PART 2

Breach of community requirement or conviction of further offence

Exercise of power in paragraph 13: duty to make activation order where not unjust
14
1
Where the court deals with the case under paragraph 13, it must make an order under paragraph 13(1)(a) or (b) (“an activation order”) unless it is of the opinion that it would be unjust to do so in view of all the circumstances, including the matters mentioned in sub-paragraph (2).
Where it is of that opinion the court must state its reasons.
2
The matters referred to in sub-paragraph (1) are—
a
the extent to which the offender has complied with any community requirements of the suspended sentence order, ...
b
in a case falling within paragraph 11 or 12(3) (conviction of further offence during operational period), the facts of the subsequent offence , and
c
in a case where the suspended sentence order qualifies for special procedures for the purposes of paragraph 13(1)(da), the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the possibility of making an order under paragraph 13(1)(da).
Word in Sch. 16 para. 14(2)(a) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(7)(a)
Sch. 16 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Sch. 16 para. 14(2)(c) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(7)(b)
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)