270Community punishments: general restrictions etcU.K.
(1)A court must not award a community punishment in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a punishment.
(2)Where a court awards a community punishment—
(a)the particular requirement (or requirements) included in the order must be such as the court considers the most suitable for the offender; and
(b)the restrictions on liberty imposed by the order must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
[F1(2A)Subsection (2) is subject to [F2section 208(10) and (11) of the Sentencing Code] (community orders: punitive elements) as applied by [F3section 178(3) and section 182(3A)].]
(3)In forming any such opinion as is mentioned in subsection (1) or (2)(b), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.
(4)In forming an opinion for the purposes of subsection (2)(a) the court may take into account any information about the offender which is before it.
(5)In determining the restrictions on liberty to be imposed by a community punishment in respect of an offence, the court may have regard to any period for which the offender has, since being charged with the offence or any related offence, been kept in service custody in connection with the offence or any related offence.
(6)In subsection (5) “” has the meaning given by section 247.
[F4(6A)The fact that by virtue of any provision of this section—
(a)a community punishment may be awarded in respect of an offence, or
(b)particular restrictions on liberty may be imposed by a community punishment,
does not require a court to award such a punishment or to impose those restrictions.]
[F5(7)Subsections (1) and (2)(b) are subject to section 270A.]
Textual Amendments
F1S. 270(2A) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 34 (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)
F2Words in s. 270(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 66(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 270(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 66(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F4S. 270(6A) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 26(2); S.I. 2009/1028, art. 2(b)
F5S. 270(7) substituted for s. 270(7)(8) (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 20(1); S.I. 2012/669, art. 4(d)
Commencement Information
I1S. 270 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 270 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4