(1)Where a person of or over [F1sixteen] years of age is convicted of an offence punishable with imprisonment, the court by or before which he is convicted may, instead of dealing with him in any other way (but subject to subsection (2) below) make an order (in this Act referred to as “a community service order”) requiring him to perform unpaid work in accordance with the subsequent provisions of this Act . . . F2.
The reference in this subsection to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.
[F3(1A)The number of hours which a person may be required to work under a community service order shall be specified in the order and shall be in the aggregate—
(a)not less than 40; and
(b)not more—
(i)in the case of an offender aged sixteen, than 120; and
(ii)in other cases, than 240.]
[F4(2)A court shall not make a community service order in respect of any offender unless the offender consents and after considering a report by a probation officer or by a social worker of a local authority social services department about the offender and his circumstances and, if the court thinks it necessary, hearing a probation officer or a social worker of a local authority social services department, the court is satisfied that the offender is a suitable person to perform work under such an order.
(2A)Subject to sections 17A and 17B below,—
(a)a court shall not make a community service order in respect of any offender who is of or over seventeen years of age unless the court is satisfied that provision for him to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in which he resides or will reside; and
(b)a court shall not make a community service order in respect of an offender who is under seventen years of age unless—
(i)it has been notified by the Secretary of State that arrangements exist for persons of the offender’s age who reside in the petty sessions area in which the offender resides or will reside to perform work under such orders; and
(ii)it is satisfied that provision can be made under the arrangements for him to do so.]
(3)Where a court makes community service orders in respect of two or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum [F5specified in paragraph (b)(i) or (ii) of subsection (1A) above,].
(4)A community service order shall specify the petty sessions area in which the offender resides or will reside; and the functions conferred by the subsequent provisions of this Act on the relevant officer shall be discharged by a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of section 17(5) of this Act), or by a person appointed for the purposes of those provisions by the probation and after-care committee for that area.
(5)Before making a community service order the court shall explain to the offender in ordinary language—
(a)the purpose and effect of the order (and in particular the requirements of the order as specified in section 15 of this Act);
(b)the consequences which may follow under section 16 if he fails to comply with any of those requirements; and
(c)that the court has under section 17 the power to review the order on the application either of the offender or of a probation officer.
(6)The court by which a community service order is made shall forthwith give copies of the order to a probation officer assigned to the court and he shall give a copy to the offender and to the relevant officer; and the court shall, except where it is itself a magistrates’ court acting for the petty sessions area specified in the order, send to the clerk to the justices for the petty sessions area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order.
(7)The Secretary of State may by order direct that [F6subsection (1A) above shall be amended by substituting for the maximum number of hours for the time being specified in paragraph (b)(i) or (ii) of that subsection], such number of hours as may be specified in the order.
(8)Nothing in subsection (1) above shall be construed as preventing a court which makes a community service order in respect of any offence from making an order for costs against, or imposing any disqualification on, the offender or from making in respect of the offence an order under section 35, 39, 43 or 44 of this Act, or under section 28 of the M1Theft Act 1968.
Textual Amendments
F1Word substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(a)(i)
F2Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(a)(ii)
F3S. 14(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(b)
F4S. 14(2)(2A) substituted for s. 14(2) by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(c)
F5Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(d)
F6Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(e)
Modifications etc. (not altering text)
C1S. 14(4) applied (E.W.S.) by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 6(3), Sch. 1 para. 2
Marginal Citations