Examination Timing: 00H02M11S
Mr. Cooper was convicted in the Magistrates' Court of theft four months ago and received a suspended sentence order of six months' custody. The operational period of the suspended sentence is 12 months. A requirement to complete 80 hours of unpaid work was attached to the suspended sentence order, and Mr. Cooper has completed the unpaid work. Mr. Cooper has now been convicted in the Magistrates' Court for an offence of criminal damage committed one month ago. Can the Magistrates' Court now activate the custodial sentence?
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The Magistrates' Court can activate the custodial sentence because Mr. Cooper committed an offence during the operational period of the suspended sentence order. According to the Sentencing Guidelines, if an offender breaches a suspended sentence order by committing a further offence within the operational period, the court has the discretion to activate the custodial sentence unless it is unjust to do so. The fact that Mr. Cooper has completed the unpaid work requirement does not negate the fact that he committed another offence during the operational period. The court may consider this breach sufficient to activate the suspended sentence.
Key Point: A suspended sentence can be activated if the offender commits a further offence during the operational period of the suspended sentence order. Completing the attached requirements does not prevent activation if a new offence occurs within the operational period.
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