11 Orders combining probation and community service.E+W
(1)Where a court by or before which a person of or over the age of sixteen years is convicted of an offence punishable with imprisonment (not being an offence for which the sentence is fixed by law [F1or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997]) is of the opinion mentioned in subsection (2) below, the court may make a combination order, that is to say, an order requiring him both—
(a)to be under [F2supervision] for a period specified in the order, being not less than twelve months nor more than three years; and
(b)to perform unpaid work for a number of hours so specified, being in the aggregate not less than 40 nor more than 100.
[F3(1A)The reference in subsection (1) above 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.]
(2)The opinion referred to in subsection (1) above is that the making of a combination order is desirable in the interests of—
(a)securing the rehabilitation of the offender; or
(b)protecting the public from harm from him or preventing the commission by him of further offences.
(3)Subject to subsection (1) above, Part I of the 1973 Act shall apply in relation to combination orders—
(a)in so far as they impose such a requirement as is mentioned in paragraph (a) of that subsection, as if they were probation orders; and
(b)in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
Textual Amendments
F1Words in s. 11(1) inserted (in part 1.10.1997 otherwise 1.12.1999) by 1997 c. 43, s. 55(2), Sch. 4 para. 15(8); S.I. 1997/2200, art. 2 (with savings in art. 5); S.I. 1999/3096, art. 2(d)
F2 Words in s. 11(1)(a) substituted (30.9.1998 for areas specified in S.I. 1998/2327, Sch. 1 (subject to art. 9 of that S.I.), and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para.76; S.I. 1998/2327, arts. 3(1)(b), 9, Sch. 1; S.I. 2000/924, art. 2.
F3s. 11(1A) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch.7 para.40; S.I. 1998/2327, art.2(1)(w).
Modifications etc. (not altering text)
C1S. 11(1) amended (in part 1.10.1997 otherwise 1.12.1999) by 1997 c. 43, s. 55(2); S.I. 1997/2200, art. 2 (with art. 5); S.I. 1999/3096, art. 2(d)
Commencement Information
I1S. 11 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.