Powers of Criminal Courts Act 1973 (repealed)

Community service orders E+W

14 Community service orders in respect of convicted persons. E+W

(1) Where a person of or over [F1 sixteen] 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 [F5 specified 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 [F6 subsection (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 M1 Theft Act 1968.

Textual Amendments

F1 Word substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(a)(i)

F2 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(a)(ii)

F3 S. 14(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(b)

F4 S. 14(2)(2A) substituted for s. 14(2) by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(c)

F5 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(d)

F6 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(e)

Modifications etc. (not altering text)

C1 S. 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

M1 1968 c. 60.

15 Obligations of person subject to community service order. E+W

(1) An offender in respect of whom a community service order is in force shall—

(a) report to the relevant officer and subsequently from time to time notify him of any change of address; and

(b) perform for the number of hours specified in the order such work at such times as he may be instructed by the relevant officer.

(2) Subject to section 17(1) of this Act, the work required to be performed under a community service order shall be performed during the period of twelve months beginning with the date of the order [F7 ; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.]

(3) The instructions given by the relevant officer under this section shall, so far as practicable, be such as to avoid any conflict with the offender’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment.

Textual Amendments

F7 Words added by Criminal Law Act 1977 (c. 45), Sch. 12

Modifications etc. (not altering text)

C2 S. 15 applied (E.W.S.) by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 6(3), Sch. 1 para. 2

16 Breach of requirements of community service order. E+W

(1) If at any time while a community service order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area for the time being specified in the order that the offender has failed to comply with any of the requirements of section 15 of this Act (including any failure satisfactorily to perform the work which he has been instructed to do), the justice may issue a summons requiring the offender to appear at the place and time specified therein, or may, if the information is in writing and on oath, issue a warrant for his arrest.

(2) Any summons or warrant issued under this section shall direct the offender to appear or be brought before a magistrates’ court acting for the petty sessions area for the time being specified in the community service order.

(3) If it is proved to the satisfaction of the magistrates’ court before which an offender appears or is brought under this section that he has failed without reasonable excuse to comply with any of the requirements of section 15 the court may, without prejudice to the continuance of the order, impose on him a fine not exceeding [F8 £400] or may—

(a) if the community service order was made by a magistrates’ court, revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made;

(b) if the order was made by the Crown Court, commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(4) A magistrates’ court which deals with an offender’s case under subsection (3)(b) above shall send to the Crown Court a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of section 15 in the respect specified in the certificate, together with such other particulars of the case as may be desirable; and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

(5) Where by virtue of subsection (3)(b) above the offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed to comply with any of the requirements of section 15, that court may either—

(a) without prejudice to the continuance of the order, impose on him a fine not exceeding [F9 £400]; or

(b) revoke the order and deal with him, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(6) A person sentenced under subsection (3)(a) above for an offence may appeal to the Crown Court against the sentence.

(7) In proceedings before the Crown Court under this section any question whether the offender has failed to comply with the requirements of section 15 shall be determined by the court and not by the verdict of a jury.

(8) A fine imposed under this section shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.

Textual Amendments

F8 “£400" substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 39, Sch. 4, and S.I. 1984/447 arts. 1(2), 2(3), Sch. 3

F9 “£400" substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 39, Sch. 4, and S.I. 1984/447 arts. 1(2), 2(3), Sch. 3

Modifications etc. (not altering text)

C3 S. 16 applied (E.W.S.) with modifications by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 6(3), Sch. 1 paras. 2, 3

C4 S. 16(3): power to amend conferred by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 6A as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 5

C5 S. 16(5): power to amend conferred by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 6A as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 5

17 Amendment and revocation of community service orders, and substitution of other sentences. E+W

(1) Where a community service order is in force in respect of any offender and, on the application of the offender or the relevant officer, it appears to a magistrates’ court acting for the petty sessions area for the time being specified in the order that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may extend, in relation to the order, the period of twelve months specified in section 15(2) of this Act.

(2) Where such an order is in force and on any such application it appears to a magistrates’ court acting for the petty sessions area so specified that, having regard to such circumstances, it would be in the interests of justice that the order should be revoked or that the offender should be dealt with in some other manner for the offence in respect of which the order was made, the court may—

(a) if the order was made by a magistrates’ court, revoke the order or revoke it and deal with the offender for that offence in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made;

(b) if the order was made by the Crown Court, commit him to custody or release him on bail until he can be brought or appear before the Crown Court;

and where the court deals with his case under paragraph (b) above it shall send to the Crown Court such particulars of the case as may be desirable.

[F10 (3) Where an offender in respect of whom such an order is in force—

(a) is convicted of an offence before the Crown Court; or

(b) is committed by a magistrates’ court to the Crown Court for sentence and is brought or appears before the Crown Court; or

(c) by virtue of subsection (2)(b) above is brought or appears before the Crown Court,

and it appears to the Crown Court] to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may revoke the order or revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(4) A person sentenced under subsection (2)(a) above for an offence may appeal to the Crown Court against the sentence.

[F11 (4A) Where—

(a) an offender in respect of whom a community service order is in force is convicted of an offence before a magistrates’ court other than a magistrates’ court acting for the petty sessions area for the time being specified in the order; and

(b) the court imposes a custodial sentence on him; and

(c) it appears to the court, on the application of the offender or the relevant officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may—

(i) if the order was made by a magistrates’ court, revoke it; and

(ii) if the order was made by the Crown Court, commit him in custody or release him on bail until he can be brought or appear before the Crown Court;

and where the court deals with his case under sub-paragraph (ii) above, it shall send to the Crown Court such particulars of the case as may be desirable.

(4B) Where by virtue of subsection (4A)(c)(ii) above the offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may revoke the order.]

[F12 (5) If—

(a) a magistrates’ court acting for the petty sessions area for the time being specified in a community service order is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area; and

(b) the conditions specified in subsection (5A) below are satisfied,

the court may, and on the application of the relevant officer shall, amend the order by substituting the other petty sessions area for the area specified in the order.

(5A) The conditions referred to in subsection (5) above are—

(a) if the offender is of or over 17 years of age, that it appears to the court that provision can be made for him to perform work under the community service order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders; and

(b) if the offender is under 17 years of age—

(i) that the court has been notified by the Secretary of State that arrangements exist for persons of his age who reside in the other petty sessions area to perform work under such orders; and

(ii) it appears to the court that provision can be made under the arrangements for him to do so.]

(6) Where a community service order is amended by a court under subsection (5) above the court shall send to the clerk to the justices for the new 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) Where a magistrates’ court proposes to exercise its powers under subsection (1) or (2) above otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

Textual Amendments

F10 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F11 S. 17(4A)(4B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 2(a)

F12 S. 17(5)(5A) substituted for s. 17(5) by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 2(b)

Modifications etc. (not altering text)

C6 S. 17 applied (E.W.S.) with modifications by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 6(3), Sch. 1 paras. 2, 5