C4C3Part 12Sentencing
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
Chapter 2Community orders: offenders aged 16 or over
I1177C5Community orders
F151
Where a person aged F118 or over is convicted of an offence, the court by or before which he is convicted may make an order (in this Part referred to as a “community order”) imposing on him any one or more of the following requirements—
a
an unpaid work requirement (as defined by section 199),
F8aa
a rehabilitation activity requirement (as defined by section 200A),
F9b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a programme requirement (as defined by section 202),
d
a prohibited activity requirement (as defined by section 203),
e
a curfew requirement (as defined by section 204),
f
an exclusion requirement (as defined by section 205),
g
a residence requirement (as defined by section 206),
F5ga
a foreign travel prohibition requirement (as defined by section 206A),
h
a mental health treatment requirement (as defined by section 207),
i
a drug rehabilitation requirement (as defined by section 209),
j
an alcohol treatment requirement (as defined by section 212),
F12ja
an alcohol abstinence and monitoring requirement (as defined by section 212A),
F10k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
l
in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214)F16, and
m
an electronic monitoring requirement (as defined by section 215).
2
Subsection (1) has effect subject to sections 150 and 218 and to the following provisions of Chapter 4 relating to particular requirements—
a
section 199(3) (unpaid work requirement),
F11b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
section 203(2) (prohibited activity requirement),
e
section 207(3) (mental health treatment requirement),
f
section 209(2)
(drug rehabilitation requirement), F13and
h
section 212A(8) to (12) (alcohol abstinence and monitoring requirement).F18, and
i
section 215(2) (electronic monitoring requirement).
F72A
Where the court makes a community order, the court must—
a
include in the order at least one requirement imposed for the purpose of punishment, or
b
impose a fine for the offence in respect of which the community order is made, or
c
comply with both of paragraphs (a) and (b).
2B
Subsection (2A) does not apply where there are exceptional circumstances which—
a
relate to the offence or to the offender,
b
would make it unjust in all the circumstances for the court to comply with subsection (2A)(a) in the particular case, and
c
would make it unjust in all the circumstances for the court to impose a fine for the offence concerned.
C13
Where the court makes a community order imposing a curfew requirement or an exclusion requirement, the court must also impose an electronic monitoring requirement F19within section 215(1)(a) for securing the electronic monitoring of the curfew or exclusion requirement unless—
a
it is prevented from doing so by section 215(2) or 218(4), or
b
in the particular circumstances of the case, it considers it inappropriate to do so.
F20C14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1C25
F25A
If a community order imposes two or more different requirements falling within subsection (1), the order may also specify a date by which each of those requirements must have been complied with; and the last of those dates must be the same as the end date.
5B
Subject to section 200(3) (duration of community order imposing unpaid work requirement), a community order ceases to be in force on the end date.
C1C26
Before making a community order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4