Legislation – Police, Crime, Sentencing and Courts Act 2022

“395ACommunity and suspended sentence orders qualifying for special procedures

(1)

A community order or suspended sentence order qualifies for special procedures for the purposes of a relevant provision if the order—

(a)

is of a description specified in regulations for the purposes of that provision, and

(b)

is made within a period, or after a time, so specified.

(2)

In subsection (1) “relevant provision” means—

(a)

section 217A;

(b)

section 293A;

(c)

paragraphs 10(5)(ba) and 11(2)(ba) of Schedule 10;

(d)

paragraph 13(1)(da) of Schedule 16.

(3)

A description specified under subsection (1)(a) may, among other things, be framed by reference to—

(a)

the courts by which the orders are made (for example, courts sitting in particular places or areas);

(b)

the persons who are subject to the orders (for example, persons of a particular sex);

(c)

the offences to which the orders relate.

(4)

Where regulations under subsection (1)(a) specify a description of community or suspended sentence order for the first time, they must under subsection (1)(b) specify, in relation to that description of order, a period of 18 months beginning with the day on which the regulations come into force.

(5)

Regulations under this section are to be made by the Secretary of State.

(6)

Regulations under this section are subject to—

(a)

the negative resolution procedure, where under subsection (1)(b) the regulations specify a period, and

(b)

the affirmative resolution procedure, in any other case.”