Q&As

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? What are the implications if a witness observes a criminal trial from the public gallery?

read titleRead full title
Published on LexisPSL on 10/01/2017

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? What are the implications if a witness observes a criminal trial from the public gallery?
  • How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed?
  • How will the court deal with the defendant in the event of a breach of an SSO?
  • What are the implications if a witness observes a criminal trial from the public gallery?

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? What are the implications if a witness observes a criminal trial from the public gallery?

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed?

Paragraph 8 of Schedule 12 to the Criminal Justice Act 2003 (CJA 2003) (CJA 2003, Sch 12, para 8) governs what happens if an offender breaches a suspended sentence order (SSO) imposed by a court. It is only where it is proved to the satisfaction of a court before which an offender appears or is brought under of CJA 2003, Sch 12, paras 6 or 7 or by virtue of CJA 2003, s 192(6) (periodic review) that the offender has failed without reasonable excuse to comply with any of the community requirements of the suspended sentence order, or, where an offender is convicted of an offence committed during the operational period of a suspended sentence (other than one which has already taken effect) that the court must consider the case and deal with the offender by inter alia ordering that the suspended sentence shall take effect (see CJA 2003, Sch 12, para 8(3)).

Related documents:

Popular documents