Member

6: Clause 1, page 3, line 10, at end insert— “(3A) But this section does not apply if the offender—(a) has been convicted of three or more other offences in the 12 months leading to the conviction for which a suspended sentence would otherwise have been passed (the “current offence”);(b) has been convicted of 10 or more offences prior to the current offence;(c) has been convicted of the same offence as the current offence on three or more previous occasions; (d) is convicted of an offence (the current offence) with a mandatory minimum custodial sentence;(e) has previously received a suspended sentence order or a custodial sentence for the same offence as the current offence;(f) has breached a suspended sentence order or orders on three or more occasions, either by breaching community requirements or committing a further offence;(g) has a history of poor compliance with court orders, according to a written or oral statement from a probation officer;(h) at the time of the current offence, was—(i) subject to a supervision order, or(ii) on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall);(i) is convicted of an offence eligible for consideration under the Unduly Lenient Sentence Scheme under sections 35 and 36 of the Criminal Justice Act 1988; or(j) is being sentenced for three or more offences concurrently.”Member’s explanatory statement This amendment would prevent suspended sentences from being passed in a range of circumstances.