THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
C1CHAPTER 5Suspended sentences
Provision for review of suspended sentence order with community requirements
I1C2293Power to provide for review of suspended sentence order
1
A suspended sentence order which imposes one or more community requirements may make provision for the order to be reviewed periodically (“provision for review”).
This is subject to subsection (3).
2
Where an order contains provision for review, it must—
a
specify the intervals at which the order is to be reviewed,
b
provide for each review to be made, subject to section 295, at a hearing held for the purpose by the responsible court (a “review hearing”),
c
require the offender to attend each review hearing, and
d
provide for a report by an officer of a provider of probation services on the offender's progress in complying with the community requirements of the order (“a progress report”) to be made to the responsible court before each review.
3
If the suspended sentence order—
a
imposes a drug rehabilitation requirement, and
b
contains provision for review under this section,
the provision for review must not include provision relating to that requirement (but see paragraph 22 of Schedule 9 for separate provision about review of such a requirement).
4
In this section “the responsible court” in relation to a suspended sentence order means—
a
if a court is specified in the order in accordance with subsection (5), that court;
b
otherwise, the court by which the order is made.
5
Where—
a
a suspended sentence order is made by a magistrates' court, and
b
the offender's home local justice area is not the area in which the court acts,
the order may specify that the responsible court is to be a magistrates' court which acts in the offender's home local justice area.
6
A suspended sentence order made on an appeal from—
a
the Crown Court, or
b
the Court of Appeal,
is to be taken for the purposes of subsection (4)(b) to have been made by the Crown Court.
Pt. 10 Ch. 5 applied (with modifications) by 2006 s. 52, ss. 200-207, 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)