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SCHEDULES

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

Modifications etc. (not altering text)

C1Sch. 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 2U.K.Breach of community requirement or conviction of further offence

Issue of summons or warrant where court convicting of further offence does not deal with suspended sentenceE+W

19(1)This paragraph applies where it appears to the Crown Court that an offender—E+W

(a)has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence order passed by the Crown Court, and

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

(2)The Crown Court 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.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

Commencement Information

I1Sch. 16 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

20(1)This paragraph applies where it appears to a justice of the peace that an offender—E+W

(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.

Commencement Information

I2Sch. 16 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2