Solicitors Qualifying Examination (SQE) Practice Exa\

If a defendant breaches a suspended sentence, magistrates have the authority to modify the initial sentence or extend supervision. This means that they can choose to impose additional conditions or increase the severity of the original sentence as a consequence of the breach. The purpose of a suspended sentence is to allow the defendant a chance to rehabilitate without serving time immediately, but breaches signal that this opportunity may not have been taken seriously.

The magistrates can decide to implement a range of responses based on the nature of the breach, from extending the period of the suspended sentence to imposing immediate custodial sentences, depending on the circumstances surrounding the breach. This mechanism serves both as a form of punishment and as a way to encourage compliance and rehabilitation.

The other options do not align with the authority or functions of the magistrates in such cases. Ordering a new trial is irrelevant in this context, as a suspended sentence does not involve a trial process but rather a judgment already made. Ignoring the breach would undermine the purpose of the suspended sentence and could lead to a lack of accountability. Suspending the sentencing entirely is also not an appropriate response when a breach occurs, as this would disregard the established legal framework intended to manage the defendant's behavior following a sentence.