2. Breach of a suspended sentence order

MAGISTRATES AND DISTRICT JUDGES – ONLINE DATA COLLECTION

If your court is in the Sentencing Council’s data collection sample and you are about to sentence an offender, please remember to complete a sentencing form after you have sentenced the offender.

If the offender fails to comply with a community requirement or commits a further offence during the operational period of a suspended sentence order imposed in a magistrates’ court, the court must activate the suspended sentence in full or in part unless it would be unjust in all the circumstances to do so. Relevant considerations will include the extent to which (if any) the offender complied with the requirements, and, where a subsequent offence has been committed, the facts of that offence. Where the court does not activate the sentence it must state its reasons (CJA 2003, sch. 12, para 8). If the order was imposed by the Crown Court the court must commit for sentence or notify the Crown Court; consult your legal adviser if dealing with a breach of a Crown Court order.

If the court does not activate the sentence in whole or in part it must amend the order so as to:

  1. order the offender to pay a fine of up to £2,500; OR one or more of:
  2. (where community requirements were imposed) make the community requirements more onerous;
  3. (where community requirements were imposed) extend the supervision period;
  4. extend the operational period (but not beyond two years from the date when the original order was made).