Paragraph 14 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 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, F1...

(b)

in a case falling within paragraph 11 or 12(3) (conviction of further offence during operational period), the facts of the subsequent offence F2, 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).

Annotations

Textual amendments

F1: 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)
F2: 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)

Commencement

I1: Sch. 16 para. 14 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)