Paragraph 9A F1

United Kingdom

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)

a suspended sentence order is subject to review in accordance with section 293A(1),

(b)

on a review hearing under section 294(5) a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community requirement of the order, and

(c)

the court does not deal with the case forthwith under section 294(5).

(2)

The court may at any time—

(a)

issue a summons requiring the offender to appear at the place and time specified in it, or

(b)

issue a warrant for the offender’s arrest.

(3)

A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.

(4)

Where—

(a)

a summons is issued under this paragraph, and

(b)

the offender does not appear in answer to the summons,

the court may issue a warrant for the arrest of the offender.

Annotations

Textual amendments

F1: Sch. 16 para. 9A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 13(3)

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)