SCHEDULES

C1SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction

Annotations:
Modifications etc. (not altering text)
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)

PART 2Breach of community requirement or conviction of further offence

Activation orders: further provision

I115

1

This paragraph applies where a court makes an activation order relating to a suspended sentence.

2

The activation order may provide for—

a

the sentence to take effect immediately, or

b

the term of the sentence to begin on the expiry of another custodial sentence passed on the offender.

This is subject to section 225 (restriction on consecutive sentences for released prisoners).

3

For the purpose of any enactment conferring rights of appeal in criminal cases, each of the following orders is to be treated as a sentence passed on the offender by the court for the offence for which the suspended sentence was passed—

a

the activation order;

b

any order made by the court under section 46 (criminal courts charge duty) when making the activation order.

4

In this paragraph “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).