The Law of the Suspended Sentence
| Published date | 01 April 1972 |
| DOI | 10.1177/002201837203600210 |
| Date | 01 April 1972 |
| Subject Matter | Article |
The
Law
of
the Suspended
Sentence
(Continued
from
page
72)
(c)
VARIATION
OF
THE
ORIGINAL
ORDER
BY
THE
SUBSTITUTION OF
A
FRESH
PERIOD
OF SUSPENSION
It
is not possible to vary the length of the term
under
this
provision
but
merely the period of suspension.
The
period may
be increased or reduced. Any extension may not exceed three
years from the
date
of variation.
It
is theoretically possible
that
a suspension might be extended repeatedly. As it is a variation of
the original order
and
as the original period of suspension is for
the minimum of one year it might be held
that
any reduction
should not go below
that
specified period.
Where
the
variation is
of
several suspended sentences imposed
on the same occasion the terms in question are to be treated as
a single term
and
varied accordingly (S.104(2) already referred to
and
R. v.
Gall,
1970,
Crim.
L.R. 297).
(d) BY MAKING NO
ORDER
Where an appropriate court decides to take no action it must
do so by making no order.
It
cannot
resile from its
duty
under
this provision or delegate the
duty
to any other appropriate court;
such as to the original court or to a Higher
Court
on committal.
S.40( I) is mandatory. Strictly therefore aMagistrates' court
should always commit expressly under s.56(I) of the Criminal
Justice Act 1967,where appropriate although it must be admitted
that
in practice this course is often not taken
and
the
matter
merely
left to the Higher Court.
If
no orderis made no othercourt
can
deal with the suspended
sentence in respect
of
the same breach. For this reason the making
of
"no
order"
must always be recorded (s.40(8)). But it seems clear
that
it
will still be open to a court to deal with the suspended
sentence in respect of a different breach.
The
dealing is no more
final in this sense
under
(d)
that
it is
under
(c)
and
the sentence
has not taken effect.
If
acourt deals with a breach
of
asuspended
133
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