Part 2 Breach of Community Requirement or Conviction of Further Offence
Sentencing Act 2020 (2020 c 17) | Legislation

Part 2 Breach of Community Requirement or Conviction of Further Offence

Breach of community requirement: duty to give warning or refer to enforcement officer

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(1)     This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a community requirement of a suspended sentence order.

(2)     If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any community requirement of the order, the officer must refer the matter to an enforcement officer.

(3)     Otherwise the officer must either—

(a)     give the offender a warning under this paragraph, or

(b)     refer the matter to an enforcement officer.

(4)     A warning under this paragraph must—

(a)     describe the circumstances of the breach,

(b)     state that the breach is unacceptable, and

(c)     inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.

(5)     As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Role of enforcement officer

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Where

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