OpenLegislation

Paragraph 20 I1

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

(1)

This paragraph applies where it appears to a justice of the peace that an offender—

(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.

Annotations

Commencement

I1

Sch. 16 para. 20 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)