Criminal Justice (Sentencing etc) Bill

3 - Suspended sentence order: availability

3.—(1) This section applies where, in dealing with an offender for an offence, a court passes a sentence of—

(a) imprisonment, or

(b) detention in a young offenders centre.

(2) Where the offence is not a serious offence, the court may make a suspended sentence order in relation to the sentence if the term of the sentence is not more than 2 years.

(3) Where the offence is a serious offence, the court may make a suspended sentence order in relation to the sentence if the term of the sentence is not more than 7 years.

(4) In subsections (2) and (3), “serious offence” means an offence for which a person aged 21 years or over may, on conviction on indictment, be sentenced to imprisonment for a term of five years or more.

4 - Suspended sentence order

4.—(1) A suspended sentence order is an order providing that a sentence of imprisonment or detention in a young offenders centre in respect of an offence is not to take effect unless—

(a) an activation event occurs, and

(b) a court having power to do so subsequently orders under paragraph 8 of Schedule 2 that the sentence is to take effect.

(2) A suspended sentence order may also specify one or more community requirements with which the offender must comply during the supervision period.

(3) Where a suspended sentence order imposes a community requirement, the order must also specify that the offender is required to be under the supervision of the responsible officer during the supervision period.

(4) An activation event occurs if the offender—

(a) commits another imprisonable offence in Northern Ireland during the operational period, or

(b) during the supervision period, breaches any requirement specified in the order.

(5) For provision about—

(a) the operational period and supervision period, see section 5;

(b) community requirements, see sections 8 to 10;

(c) the responsible officer, see sections 11 to 13.

(6) In this Part—

“imprisonable offence” means an offence punishable with imprisonment in the case of a person aged 21 years or over;

“suspended sentence” means a sentence of imprisonment or detention in a young offenders centre to which a suspended sentence order relates;

“suspended sentence order” has the meaning given by subsection (1).

(7) In this Part—

(a) references to a community requirement of, or imposed by, a suspended sentence order are to a requirement specified under subsection (2),

(b) references to a requirement of, or imposed by, a suspended sentence order are to a requirement specified under subsection (2) or (3).

5 - Operational period and supervision period

5.—(1) A suspended sentence order must specify the operational period.

(2) The operational period must be a period, beginning with the day on which the order is made, of—

(a) at least 1 year, and

(b) not more than—

(i) 3 years if the order is made under section 3(2), or

(ii) 5 years if the order is made under section 3(3).

(3) If a suspended sentence order imposes a community requirement, the order must specify the supervision period.

(4) The supervision period specified must be a period, beginning with the day on which the order is made, of—

(a) at least 6 months, and

(b) not more than—

(i) 3 years, or

(ii) if less, the operational period.

(5) But if the suspended sentence order imposes an unpaid work requirement, the supervision period—

(a) continues until the offender has worked under the order for the number of hours specified in the order under paragraph 2 of Schedule 1, but

(b) does not continue beyond the end of the operational period.

6 - Provision of copies of orders and explanation of effect

6.—(1) This section applies on the making by a court of a suspended sentence order.

(2) The court must explain to the offender in ordinary language the offender’s liability under paragraph 8 of Schedule 2 if an activation event occurs.

(3) Subsections (4) and (5) apply where the suspended sentence order imposes one or more community requirements.

(4) The court must explain to the offender in ordinary language—

(a) why it is imposing any such community requirements,

(b) the effect of any such requirements, and

(c) that the court has under Schedule 2 power to review the order on the application either of the offender or of the responsible officer, and

(5) The court must provide copies of the order to a probation officer assigned to the court.

(6) That probation officer must give a copy to—

(a) the offender,

(b) the responsible officer, and

(c) the person in charge of any institution in which the offender is required by the order to reside, present himself or herself, or attend.

7 - Treatment of suspended sentence

7.—(1) A suspended sentence which has not taken effect under paragraph 8 of Schedule 2 is to be treated as—

(a) a sentence of imprisonment, or

(b) as the case may be, a sentence of detention in a young offenders centre for the purposes of all statutory provisions except any statutory provision which provides for disqualification for or loss of office of persons sentenced to imprisonment.

(2) Where a suspended sentence has taken effect under paragraph 8 of Schedule 2 the offender is to be treated for the purposes of those excepted statutory provisions as having been convicted on—

(a) the date on which the period allowed for making an appeal against an order under that paragraph would normally expire, or

(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails for non-prosecution.

(3) Subsection (1) is subject to any provision to the contrary contained in -

(a) the Treatment of Offenders Act (Northern Ireland) 1968, or

(b) any statutory provision passed or made after the commencement of that Act.