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Paragraph 12 I1

England and Wales

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

(1)

In section 203 (restriction on making community order and suspended sentence order)—

(a)

a reference to an offence in paragraph (b) or (c) includes a reference to an offence of which the offender was convicted before F11 December 2020;

(b)

in relation to such an offence, the reference to a suspended sentence order is to be read as a reference to an order under section 189(1) of the Criminal Justice Act 2003.

(2)

In section 181(6) (restriction on making youth rehabilitation order and suspended sentence order), the reference to a suspended sentence order includes a reference to an order under section 189(1) of the Criminal Justice Act 2003.

(3)

A court may not impose a community sentence, within the meaning given by section 147(1) of the Criminal Justice Act 2003, in respect of an offence if it makes a suspended sentence order in respect of—

(a)

any other offence of which the offender is convicted by or before it, or

(b)

any other offence for which it deals with the offender.

In this sub-paragraph “suspended sentence order” has the meaning given by section 286(1).

Annotations

Textual amendments

F1

Words in Sch. 27 para. 12(1)(a) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(d)

Commencement

I1

Sch. 27 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2