Section 295 Suspended sentence order: alteration of periodic review arrangementsI1

(1)

Subsections (2) and (3) apply where the court—

(a)

considers the progress report relating to a review F1under section 293 or 293A (the “current review”), and

(b)

forms the opinion that the offender's progress in complying with the community requirements of the order is satisfactory.

(2)

If the court forms that opinion before a review hearing is held at the current review—

(a)

it may order that no review hearing is to be held at the current review, and

(b)

it may amend the suspended sentence order so as to provide for each subsequent review to be held without a review hearing.

(3)

If a review hearing is held at the current review, the court may at the hearing amend the suspended sentence order so as to provide for each subsequent review to be held without a review hearing.

(4)

If at a review held without a review hearing the court—

(a)

considers the progress report, and

(b)

forms the opinion that the offender's progress under the order is no longer satisfactory,

it may require the offender to attend a hearing of the court at a specified time and place.

(5)

At a review hearing the court may amend the suspended sentence order so as to vary the intervals specified under section 293(2)(a) F2or 293A(2)(a).

(6)

The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised—

(a)

in the case of the Crown Court, by a judge of the court, and

(b)

in the case of a magistrates' court, by a justice of the peace.

(7)

In this section—

“review hearing”, and
“progress report”,

have the meanings given by section 293(2) F3(or, as the case may be, section 293A(2)).

Annotations

Textual amendments

F1: Words in s. 295(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 9(2)
F2: Words in s. 295(5) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 9(3)
F3: Words in s. 295(7) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 9(4)

Commencement

I1: S. 295 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)