Paragraph 12 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)

Where—

(a)

an offender to whom a suspended sentence order relates is before the Crown Court, and

(b)

sub-paragraph (2) or (3) applies,

the court must deal with the case under paragraph 13.

(2)

This sub-paragraph applies where—

(a)

the offender is before the Crown Court in relation to the order by virtue of—

(i)

paragraph 9 F1or 9A (summons or warrant for breach of community requirement),

(ii)

section 294(5) (review of order), or

(iii)

paragraph 10(3)(b) (committal from magistrates' court), 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.

(3)

This sub-paragraph applies where the offender—

(a)

has been convicted of an offence committed during the operational period of the suspended sentence order, and

(b)

the suspended sentence has not taken effect.

(4)

In proceedings before the Crown Court under this paragraph—

(a)

any question whether the offender has breached a community requirement of the suspended sentence order, and

(b)

any question whether the offender has been convicted during the operational period of the suspended sentence,

is to be determined by the court and not by the verdict of a jury.

Annotations

F1: Words in Sch. 16 para. 12(2)(a)(i) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(5)

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)