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Section 288 Operational period and supervision periodI1

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

(1)

A suspended sentence order must specify the operational period (see section 286(3)(a)).

(2)

The operational period must be a period, beginning with the day on which the order is made, of—

(a)

at least 6 months, and

(b)

not more than F1the maximum period.

F2(2A)

The maximum period for the purposes of subsection (2)(b) is 3 years if—

(a)

the term of the suspended sentence is more than 2 years, or

(b)

the suspended sentence is one of two or more sentences imposed on the same occasion which are to be served consecutively and the terms of those sentences are in aggregate more than 2 years.

(2B)

Otherwise the maximum period for the purposes of subsection (2)(b) is 2 years.

(3)

If a suspended sentence order imposes any community requirement or requirements, the order must specify the supervision period (see section 286(2)).

(4)

The supervision period specified must be a period, beginning with the day on which the order is made, of—

(a)

at least 6 months, and

(b)

not more than—

(i)

2 years, or

(ii)

if less, the operational period.

(5)

But if the suspended sentence order imposes an unpaid work requirement, the supervision period—

(a)

continues until the offender has worked under the order for the number of hours specified in the order under paragraph 2(1) of Schedule 9, but

(b)

does not continue beyond the end of the operational period.

F3(6)

For provision about the termination of the supervision period, see paragraph 22A of Schedule 16.

Annotations

Textual amendments

F1

Words in s. 288(2)(b) substituted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 2(4)(a), 49(4)

F2

S. 288(2A)(2B) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 2(4)(b), 49(4)

F3

S. 288(6) inserted (11.5.2026) by Sentencing Act 2026 (c. 2), ss. 39(2), 49(1) (with s. 39(7)); S.I. 2026/402, reg. 2(e)

Commencement

I1

S. 288 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Chapter 5

Modifications

C1

Pt. 10 Ch. 5 applied (with modifications) by 2006 s. 52, ss. 200-207, 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)