Crime and Courts Act 2013

Part 1 Community orders: punitive elements

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders) after subsection (2) insert—

“(2A) Where the court makes a community order, the court must—

(a) include in the order at least one requirement imposed for the purpose of punishment, or

(b) impose a fine for the offence in respect of which the community order is made, or

(c) comply with both of paragraphs (a) and (b).

(2B) Subsection (2A) does not apply where there are exceptional circumstances which—

(a) relate to the offence or to the offender,

(b) would make it unjust in all the circumstances for the court to comply with subsection (2A)(a) in the particular case, and

(c) would make it unjust in all the circumstances for the court to impose a fine for the offence concerned.”

3 In section 148(2A) (restrictions in subsection (2) on making community orders etc are subject to certain enactments) after “subject to” insert “section 177(2A) (community orders: punitive elements) and to”.

4 An amendment made by this Part of this Schedule does not affect orders in respect of offences committed before the amendment comes into force.