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<p>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.</p><p> </p><p>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.</p><p> </p><p>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.</p>
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