What is the effect of breaching a suspended prison sentence?
If the defendant commits a further criminal offence during the operational period, it is likely the prison term must then be served.
If the defendant breaches the terms of the suspended sentence, or otherwise fails to comply with its terms – the custodial term is likely to be activated. In fact, there is a presumption that the suspended prison term will be activated in full or in part where the terms are breached, unless it is unjust.
Alternatively, the court can:
a. make any community requirements originally imposed more onerous
b. extend the supervision period (where community requirements were imposed)
c. extend the operational period (but not beyond two years from the date when the original order was made)
[source : Suspended Prison Sentences, In Brief, https://www.inbrief.co.uk/court-judgements/suspended-prison-sentence/, Accessed: 28th May2018]
Monday, May 28, 2018
SO WHAT HAPPENS IN THE UK WHEN THE TERMS OF A SUSPENDED SENTENCE ARE VIOLATED?
There is a presumption that the suspended custodial sentence will be activated. But what about proving, and being able to argue against, that proof that the suspended sentence was being violated?