Powers of Criminal Courts (Sentencing) Act 2000

Probation orders U.K.

41 [F1 community rehabilitation orders]. E+W

(1) Where a person aged 16 or over is convicted of an offence and the court by or before which he is convicted is of the opinion that his supervision is desirable in the interests of—

(a) securing his rehabilitation, or

(b) protecting the public from harm from him or preventing the commission by him of further offences,

the court may (subject to sections 34 to 36 above) make an order requiring him to be under supervision for a period specified in the order of not less than six months nor more than three years.

(2) An order under subsection (1) above is in this Act referred to as a [F2 “community rehabilitation order”].

(3) A [F1 community rehabilitation order] shall specify the petty sessions area in which the offender resides or will reside.

(4) If the offender is aged 18 or over at the time when the [F1 community rehabilitation order] is made, he shall, subject to paragraph 18 of Schedule 3 to this Act (offender’s change of area), be required to be under the supervision of [F3 an officer of a local probation board] appointed for or assigned to the petty sessions area specified in the order.

(5) If the offender is aged under 18 at that time, he shall, subject to paragraph 18 of Schedule 3, be required to be under the supervision of—

(a) [F3 an officer of a local probation board] appointed for or assigned to the petty sessions area specified in the order; or

(b) a member of a youth offending team established by a local authority specified in the order;

and if an order specifies a local authority for the purposes of paragraph (b) above, the authority specified must be the local authority within whose area it appears to the court that the offender resides or will reside.

(6) In this Act, “responsible officer”, in relation to an offender who is subject to a [F1 community rehabilitation order], means [F3 the officer of a local probation board] or member of a youth offending team responsible for his supervision.

(7) Before making a [F1 community rehabilitation order], the court shall explain to the offender in ordinary language—

(a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 42 below);

(b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of the requirements of the order; and

(c) that the court has power (under Parts III and IV of that Schedule) to review the order on the application either of the offender or of the responsible officer.

(8) On making a [F1 community rehabilitation order], the court may, if it thinks it expedient for the purpose of the offender’s reformation, allow any person who consents to do so to give security for the good behaviour of the offender.

(9) The court by which a [F1 community rehabilitation order] is made shall forthwith give copies of the order to—

(a) if the offender is aged 18 or over, [F3 an officer of a local probation board] assigned to the court, or

(b) if the offender is aged under 18, [F3 an officer of a local probation board] or member of a youth offending team so assigned,

and he shall give a copy to the offender, to the responsible officer and to the person in charge of any institution in which the offender is required by the order to reside.

(10) The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the [F4 justices’ chief executive] for that area—

(a) a copy of the order; and

(b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.

(11) An offender in respect of whom a [F1 community rehabilitation order] is made shall keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and shall notify him of any change of address.

Textual Amendments

F1 Words in s. 41(3)(4)(6)-(9)(11) and the sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(2); S.I. 2001/919, art. 2(f)(i)

F2 Words in s. 41(2) substituted (1.4.2001) by 2000 c. 43, s. 43(3)(a); S.I. 2001/919, art. 2(b)

F3 Words in s. 41(4)(5)(a)(6)(9) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(2); S.I. 2001/919, art. 2(f)(i)

F4 Words in s. 41(10) substituted (1.4.2001) by S.I. 2001/618, art. 5(2)

Modifications etc. (not altering text)

C1 S. 41(1) amended (1.4.2001) by 2000 c. 43, s. 43(1); S.I. 2001/919, art. 2(b)

42 Additional requirements which may be included in [F5 community rehabilitation orders]. E+W

(1) Subject to subsection (3) below, a [F5 community rehabilitation order] may in addition require the offender to comply during the whole or any part of the [F6 community rehabilitation period] with such requirements as the court, having regard to the circumstances of the case, considers 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.

(2) Without prejudice to the generality of subsection (1) above,

[F7 (a)] the additional requirements which may be included in a [F5 community rehabilitation order] shall include the requirements which are authorised by Schedule 2 to this Act..

[F8 (b) subject to subsections (2D) and (2F) below, the order shall, if the first set of conditions is satisfied, include a drug abstinence requirement and may include such a requirement if the second set of conditions is satisfied.

(2A) For the purposes of this Part of this Act, a drug abstinence requirement is a requirement for the offender—

(a) to abstain from misusing specified Class A drugs; and

(b) to provide, when instructed to do so by the responsible officer, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.

(2B) The first set of conditions is—

(a) that the offender was aged 18 or over on the date of his conviction for the offence;

(b) that, in the opinion of the court, the offender is dependent on or has a propensity to misuse specified Class A drugs; and

(c) that the offence is a trigger offence.

(2C) The second set of conditions is—

(a) that the offender was aged 18 or over on the date of his conviction for the offence; and

(b) that, in the opinion of the court—

(i) the offender is dependent on or has a propensity to misuse specified Class A drugs; and

(ii) the misuse by the offender of any specified Class A drug caused or contributed to the offence.

(2D) The order may not include a drug abstinence requirement if—

(a) the community rehabilitation order includes any requirement in respect of drugs under paragraph 6 of Schedule 2 to this Act; or

(b) the community sentence includes a drug treatment and testing order or a drug abstinence order.

(2E) The function of giving instructions for the purposes of subsection (2A)(b) above shall be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules for regulating the provision of samples in pursuance of such instructions.

(2F) The court shall not include a drug abstinence requirement in the order unless the court has been notified by the Secretary of State that arrangements for implementing such requirements are available in the area proposed to be specified under section 41(3) above and the notice has not been withdrawn.]

(3) Without prejudice to the power of the court under section 130 below to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a [F5 community rehabilitation order].

Textual Amendments

F5 Words in s. 42 and the sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(2); S.I. 2001/919, art. 2(f)(i)

F6 Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 166; S.I. 2001/919, art. 2(f)(ii)

F7 Words in s. 42(2) renumbered as s. 42(2)(a) (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 49(1)(a); S.I. 2001/2232, art. 2(c)

F8 S. 42(2)(b)(2A)-(2F) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 49(1)(b); S.I. 2001/2232, art. 2(c)

43 Breach, revocation and amendment of [F9 community rehabilitation orders]. E+W

Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to [F9 community rehabilitation orders].

Textual Amendments

F9 Words in s. 43 and the sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

44 Offenders residing in Scotland or Northern Ireland. U.K.

Schedule 4 to this Act (which makes provision for and in connection with the making and amendment in England and Wales of certain community orders relating to persons residing in Scotland or Northern Ireland) shall have effect so far as relating to [F10 community rehabilitation orders].

Textual Amendments

F10 Words in s. 44 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(b)(2); S.I. 2001/919, art. 2(f)(i)

45 [F11 Community rehabilitation orders]: supplementary. E+W

(1) The Secretary of State may by order direct that subsection (1) of section 41 above shall be amended by substituting, for the minimum or maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.

(2) An order under subsection (1) above may make in paragraph 19(2)(a) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.

Textual Amendments

F11 Words in the sidenote to s. 45 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(b)(2); S.I. 2001/919, art. 2(f)(i)