Philip Davies – 2016 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Philip Davies on 2016-05-04.

To ask the Secretary of State for Justice, what the maximum sentence is a magistrate can hand down when dealing with the breach of the maximum number and length of suspended sentences after the commission of further offences where the maximum number and length of sentences are available for the new offences.

Dominic Raab

Magistrates’ courts have the power to impose a custodial sentence, whether immediate or suspended, of up to six months for a single offence, or up to 12 months where they impose consecutive sentences for one or more offences. A custodial sentence may be suspended for up to two years, and one or more community requirements may also be imposed by the court.

When dealing with a breach of a suspended sentence order, there is a statutory presumption that the custodial sentence will be given effect. The suspended custodial sentence cannot be increased: the original term is given effect either in full, or the court may set a shorter period, for example, by taking into account the extent to which the offender complied with any community requirements of the suspended sentence order.

Where there is a breach of a suspended sentence order which was imposed by the magistrates’ court and the breach is the commission of a further offence, the magistrates’ court deals with both the breach and sentencing for the further offence unless the latter merits a sentence which exceeds its powers. In these circumstance, the case would be sent to the Crown Court for sentencing of the further offence and the higher court would also deal with the breach of the suspended sentence order.