Paragraph 10 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 16 para. 23(3) inserted by Sentencing Act 2020 Sch. 22 para. 79
Sch. 16 amendment to earlier affecting provision 2006 c. 52, Sch. 7 para. 13 by Sentencing Act 2020 Sch. 26 para. 5(a)
Sch. 16 amendment to earlier affecting provision 2006 c. 52, Sch. 7 para. 13 by Sentencing Act 2020 Sch. 26 para. 5(b)
Sch. 16 para. 16A(1) omitted by 2020 c. 17, Sch. 10 para. 78A(a) (as inserted) by Police, Crime, Sentencing and Courts Act 2022 Sch. 14 para. 14(4)
Sch. 16 para. 16A(2) words omitted by 2020 c. 17, Sch. 10 para. 78A(b) (as inserted) by Police, Crime, Sentencing and Courts Act 2022 Sch. 14 para. 14(4)
Sch. 16 para. 28(4) table words inserted by Sentencing Act 2026 s. 17(11)

(1)

This paragraph applies where—

(a)

the offender is before a magistrates' court (“the present court”) in relation to a suspended sentence order by virtue of—

(i)

paragraph 8 F1or 9A (breach of community requirement), or

(ii)

section 294(5) (review), and

(b)

it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.

(2)

If the suspended sentence order was made by a magistrates' court, the present court must deal with the case under paragraph 13.

(3)

If the suspended sentence order was made by the Crown Court, the present court must—

(a)

deal with the case under paragraph 13, or

(b)

commit the offender to custody or release the offender on bail until the offender can be brought or appear before the Crown Court.

(4)

If the present court deals with the case under sub-paragraph (3)(b), it must send the Crown Court—

(a)

a certificate signed by a justice of the peace certifying that the offender has breached the community requirements of the suspended sentence order in the respect specified in the certificate, and

(b)

such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the breach before the Crown Court.

Annotations

Textual amendments

F1: Words in Sch. 16 para. 10(1)(a)(i) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(4)

Commencement

I1: Sch. 16 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Schedule 16

Modifications

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)