Breach of a suspended sentence


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes

Breach of a suspended sentence


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes
imgtext

This Practice Note covers the law relating to breach of a suspended sentence order under Schedule 16 to the Sentencing Act 2020 (SA 2020).

What is a suspended sentence order?

A suspended sentence order is an order providing that a sentence of imprisonment in respect of an offence is not to take effect unless:

  1. •

    the offender commits another offence in the United Kingdom during the operational period of the order, or

  2. •

    the offender contravenes any community requirement imposed by the order during the ‘supervision period’ of the order, and

  3. •

    a court having power to do so subsequently orders that the sentence is to take effect

The sentence of imprisonment is thereby ‘suspended’ until the period specified in the order has passed, at which point the sentence will have been deemed served. If, in the meantime, the offender breaches the sentence they can find themselves back before the court having a custodial sentence imposed upon them. See further below: Breach of a suspended sentence.

It is not possible to impose a community order at

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
suspended sentence definition
What does suspended sentence mean?

sentence which takes effect only if the defendant commits another offence punishable with imprisonment within the specified period;

Read more readmore

Popular documents

The relevance and use of previous convictions in criminal proceedings

The relevance and use of previous convictions in criminal proceedingsThis Practice Note considers spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA 1974) as amended by the Police, Crime, Sentencing and Courts Act 2022. It also considers the impact of

Breach of a suspended sentence

Breach of a suspended sentenceThis Practice Note covers the law relating to breach of a suspended sentence order under Schedule 16 to the Sentencing Act 2020 (SA 2020).What is a suspended sentence order?A suspended sentence order is an order providing that a sentence of imprisonment in respect of an

Forfeiture of property following conviction

Forfeiture of property following convictionThe power of the court to order the forfeiture of property under the Sentencing Act 2020The Sentencing Act 2020 (SA 2020), also known as the Sentencing Code, is the principal source of the court's power to order the forfeiture of property connected with the

Amendment and revocation of community orders

Amendment and revocation of community ordersRevocation for breach of community orderUnder paragraphs 10 and 11 of Schedule 10 Part 2 to the Sentencing Act 2020 (SA 2020), a Crown Court or magistrates' court has the power to revoke a community order and resentence where an offender has failed,