SCHEDULES

SCHEDULE 27Transitional provisions and savings

PART 4Custodial sentences

Restriction on making community order etc and suspended sentence order

I112

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).