Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART V, CUSTODIAL SENTENCES ETC. - continued
Suspended sentence supervision orders - continued

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Breach of requirement of suspended sentence supervision order.     123. - (1) If, at any time while a suspended sentence supervision order is in force in respect of an offender, it appears on information to a justice of the peace acting for the petty sessions area for the time being specified in the order that the offender has failed to comply with any of the requirements of section 122(3) above, the justice may-
 
 
    (a) issue a summons requiring the offender to appear at the place and time specified in it; or
 
    (b) if the information is in writing and on oath, issue a warrant for his arrest.
      (2) Any summons or warrant issued under this section shall direct the offender to appear or be brought before a magistrates' court acting for the petty sessions area for the time being specified in the suspended sentence supervision order.
 
      (3) If it is proved to the satisfaction of the court before which an offender appears or is brought under this section that he has failed without reasonable cause to comply with any of the requirements of section 122(3) above, the court may, without prejudice to the continuance of the order, impose on him a fine not exceeding £1000.
 
      (4) A fine imposed under subsection (3) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
 
Suspended sentence supervision orders: revocation, amendment and cessation.     124. - (1) A suspended sentence supervision order may be revoked on the application of the supervising officer or the offender-
 
 
    (a) if it was made by the Crown Court and includes a direction reserving the power of revoking it to that court, by the Crown Court;
 
    (b) in any other case, by a magistrates' court acting for the petty sessions area for the time being specified in the order.
      (2) Where a suspended sentence supervision order has been made on appeal, for the purposes of subsection (1) above it shall be deemed-
 
 
    (a) if it was made on an appeal brought from a magistrates' court, to have been made by that magistrates' court;
 
    (b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.
      (3) If a magistrates' court acting for the petty sessions area for the time being specified in a suspended sentence supervision order is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area, the court may, and on the application of the supervising officer shall, amend the order by substituting the other petty sessions area for the area specified in the order.
 
      (4) Where a suspended sentence supervision order is amended by a court under subsection (3) above, the court shall send to the justices' chief executive for the new area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
 
      (5) A suspended sentence supervision order shall cease to have effect if before the end of the period specified in it-
 
 
    (a) a court orders under section 119 above that a suspended sentence passed in the proceedings in which the order was made shall have effect; or
 
    (b) the order is revoked under subsection (1) above or replaced under section 122(8) above.
 
Suspended sentences: supplementary
Suspended sentences: supplementary.     125. - (1) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which a person has been sentenced, consecutive terms and terms which are wholly or partly concurrent shall, unless the context otherwise requires, be treated as a single term.
 
      (2) Any reference in this Chapter, however expressed, to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in Great Britain and to a previous sentence passed by any such court.
 
      (3) For the purposes of this Chapter a certificate purporting to be signed by or on behalf of the Lord Advocate that an offence is punishable in Scotland with imprisonment shall be evidence of the matter so certified.
 
 
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