Concurrent Sentences

Review if concurrent sentences incompatible

The probation officer must apply for a review of the CD sentence if an offender is subject to a concurrent sentence, and the probation officer is satisfied that:

• the curfew period or address is incompatible with any of the conditions of the other sentence, or
• in light of all the conditions to which the offender is subject under the sentences, it is unreasonable to expect the offender to comply with the curfew period.

Note: This will take the form of an application for variation.

Application requirements

Where the offender is subject to joint or multiple sentences, the probation officer considering making an application to vary or cancel a sentence must also consider whether similar action should be taken in respect of any other sentence.

If this course of action is to be taken, only one application is required if the sentences were imposed on the same date. In this situation, IOMS casenotes should record:

• all discussion between staff, and
• decision making regarding the application.

If two applications are required, these should be submitted together for the same hearing date. The court officer prosecuting the application should be advised that the applications should be considered together.

Where the reason for the application affects more than one sentence and one sentence is cancelled, the other sentence is not automatically cancelled.