R v Sheppard [2008] EWCA Crim 799, [2008] All ER (D) 54 (May)
The court gave guidance on the activation of suspended sentences under Sch 12 of the Criminal Justice Act 2003.
HELD The statutory provisions envisage a twostage test. First, where there has been a breach, the court must order that the suspended sentence take effect either in whole or in part unless it would be unjust to do so. The extent of compliance with the original order is relevant to that decision.
So, for example, if 95% of the order had been complied with, a court might conclude that it was unjust to order that any part of the custodial term take effect. Second, if it is not unjust to activate the suspended sentence, then the court must decide whether or not to impose the original sentence or modify the term. Either option is available where there has been part compliance.
If there has been substantial and prompt compliance with the order then, even if a suspended sentence is to be activated, the court may be minded to impose a lesser term than that originally specified
