Part I Powers of Courts to Deal with Offenders C8
Community service orders
C114 Community service orders in respect of convicted persons
C21
Where a person of or over F2sixteen years of age is convicted of an offence punishable with imprisonment F3(not being an offence the sentence for which is fixed by law or falls to be imposed under section 2(2), 3(2) or 4(2) of the M1Crime (Sentences) Act 1997), the court by or before which he is convicted may, F4. . . (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 . . . F5.
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; and for the purposes of this subsection a sentence falls to be imposed under section 2(2), 3(2) or 4(2) of the M2Crime (Sentences) Act 1997 if it is required by that provision and the court is not of the opinion there mentioned.
F6C31A
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—
C4a
not less than 40; and
F7b
not more than 240.
F8C3C42
A court shall not make a community service order in respect of any offender unless F9. . . the court, after hearing (if the court thinks it necessary) a probation officer or social worker of a local authority social services department, is satisfied that the offender is a suitable person to perform work under such an order.
2A
Subject to paragraphs 3 and 4 of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders) a court shall not make a community service order in respect of an offender unless it 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.
C53
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 F10specified in paragraph (b) F11. . . of subsection (1A) above,.
C64
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
F12a
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 Part IV of Schedule 2 to the M3Criminal Justice Act 1991);
b
a person appointed for the purposes of those provisions by the probation committee for that area; or
c
in the case of an offender under the age of 18 years when the order is made, a member of a youth offending team established by a local authority for the time being specified in the order (whether under this subsection or by virtue of that Part).
F134A
The local authority specified as mentioned in subsection (4)(c) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.
C75
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 F14Part II of Schedule 2 to the Criminal Justice Act 1991 if he fails to comply with any of those requirements; and
c
that the court has under F15Parts III and IV of that Schedule t he 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
F188
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F199
In the case of an offender under the age of 18 years, references in subsections (2), (5)(c) or (6) above to a probation officer include references to a member of a youth offending team.
Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2