Criminal Justice Act 1991

6 Restrictions on imposing community sentences. E+W

(1) A court shall not pass on an offender a community sentence, that is to say, a sentence which consists of or includes one or more community orders, unless it is of the opinion that the offence, or the combination of the offence and one [F1 or more offences] associated with it, was serious enough to warrant such a sentence.

(2) Subject to subsection (3) below, where a court passes a community sentence—

(a) the particular order or orders comprising or forming part of the sentence shall be such as in the opinion of the court is, or taken together are, the most suitable for the offender; and

(b) the restrictions on liberty imposed by the order or orders shall be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and [F2 one or more] offences associated with it.

(3) In consequence of the provision made by section 11 below with respect to combination orders, a community sentence shall not consist of or include both a probation order and a community service order.

(4) In this Part “community order” means any of the following orders, namely—

(a) a probation order;

(b) a community service order;

(c) a combination order;

(d) a curfew order;

(e) a supervision order; and

(f) an attendance centre order.

Textual Amendments

F1 Words in s. 6(1) substituted (16.8.1993) by 1993 c. 36, s. 66(4)(a)(9); S.I. 1993/1968, art. 2(1), Sch.1

F2 Words in s. 6(2)(b) substituted (16.8.1993) by 1993 c. 36, s. 66(4)(b)(9); S.I. 1993/1968, art. 2(1), Sch.1

Modifications etc. (not altering text)

C1 S. 6 excluded (prosp.) by 1997 c. 43, ss. 17(5), 41, 57(2) (with Sch. 1 para. 10(4))

S. 6 excluded (1.1.1998) by 1997 c. 43, s. 37(3); S.I. 1997/2200, art.3 (with savings in art. 5)

Commencement Information

I1 S. 6 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.