Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Paragraph 13 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
SCHEDULES
SCHEDULE 14Community and suspended sentence orders: special procedures relating to review and breach
PART 1Amendments to the Sentencing Code
I113Breach of suspended sentence order: power to commit to custody
1
Schedule 16 (breach etc of suspended sentence order) is amended as follows.
2
In paragraph 4—
a
in sub-paragraph (1)(a), after “293(1)” insert “or 293A(1)”
;
b
in sub-paragraph (2)(a), after “293(4)” insert “or 293A(3)”
.
3
After paragraph 9 insert—
9AIssue of summons or warrant after review hearing in special procedure cases
1
This paragraph applies where—
a
a suspended sentence order is subject to review in accordance with section 293A(1),
b
on a review hearing under section 294(5) a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community requirement of the order, and
c
the court does not deal with the case forthwith under section 294(5).
2
The court may at any time—
a
issue a summons requiring the offender to appear at the place and time specified in it, or
b
issue a warrant for the offender’s arrest.
3
A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.
4
Where—
a
a summons is issued under this paragraph, and
b
the offender does not appear in answer to the summons,
the court may issue a warrant for the arrest of the offender.
4
In paragraph 10, in sub-paragraph (1)(a)(i), after “8” insert “or 9A”
.
5
In paragraph 12, in sub-paragraph (2)(a)(i), after “9” insert “or 9A”
.
6
In paragraph 13, in sub-paragraph (1), after paragraph (d) insert—
da
in a case where the suspended sentence order qualifies for special procedures for the purposes of this paragraph, the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the court may order the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
7
In paragraph 14 (duty to make activation order where not unjust), in sub-paragraph (2)—
a
in paragraph (a), omit the final “and”;
b
after paragraph (b) insert
, and
c
in a case where the suspended sentence order qualifies for special procedures for the purposes of paragraph 13(1)(da), the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the possibility of making an order under paragraph 13(1)(da).
8
After paragraph 16 insert—
16APower under paragraph 13(1)(da) to commit to prison: further provision
1
In the case of an offender under the age of 21—
a
an order under paragraph 13(1)(da) must be for committal to a young offender institution instead of to prison, but
b
the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
2
A person committed to prison or a young offender institution by an order under paragraph 13(1)(da) is to be regarded as being in legal custody.
3
No more than three orders under paragraph 13(1)(da) may be made in relation to the same suspended sentence order.