Tomkins, R. v

Under section 189(4) of the Criminal Justice Act 2003, a suspended sentence’s supervision period must not extend beyond its operational period. A supervision period exceeding that limit is unlawful and should be reduced to end on the same date as the operational period.

The appellant had pleaded guilty to burglary, attempted burglary and theft, with 15 further offences taken into consideration. At Birmingham Crown Court he received concurrent sentences of 12 months’ imprisonment, suspended for an operational period of 18 months, with unpaid work and supervision requirements.

Following breach proceedings, it was identified that the supervision period had been set at 24 months. The appeal concerned whether that period could lawfully exceed the 18-month operational period.

1. Appeal allowed. Section 189(4) of the Criminal Justice Act 2003 provides that a supervision period must not end later than the operational period.
2. The appellant’s operational period was 18 months. A 24-month supervision period therefore exceeded the statutory maximum and was unlawful.
3. The court varied the sentence by reducing the supervision period to 18 months, effective from the date of sentence, 14 April 2008.

• Court of Appeal (Criminal Division): appeal allowed and the supervision period reduced to 18 months.
• Crown Court at Birmingham: imposed concurrent 12-month sentences of imprisonment, suspended for 18 months, with unpaid work and a supervision requirement.