SCHEDULES

SCHEDULE 27E+WTransitional provisions and savings

PART 4E+WCustodial sentences

Restriction on making community order etc and suspended sentence orderE+W

12(1)In section 203 (restriction on making community order and suspended sentence order)โ€”E+W

(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 ofโ€”

(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 โ€œsuspended sentence orderโ€ has the meaning given by section 286(1).

Textual Amendments

F1Words 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 Information

I1Sch. 27 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2