The repeal of s.28 of the Sentencing Act 1991 by the Sentencing and Other Acts (Amendment) Act 1997 did not remove the court's full range of powers under s.31(5) to deal with breaches of pre-existing s.28 suspended sentence orders, including the power to restore only part of the suspended sentence. When assessing whether full restoration would be 'unjust' under s.31(7), the court must consider the offender's rehabilitation since the original sentence, the disproportion between the breaching offence and the sentence to be activated, and all circumstances arising since the suspended sentence was imposed.
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