THIRD GROUP OF PARTSDisposals
PART 9Community sentences
CHAPTER 2Community orders
Making a community order
I3C1C6C4209Community order to specify end date etc
1
A community order must specify a date (the “end date”) by which all the requirements in it must have been complied with.
2
The end date must not be more than 3 years after the date of the order.
3
If a community order imposes two or more different community order requirements—
a
the order may also specify, for each of the requirements, a date by which the requirement must have been complied with;
b
if it does so, the last of those dates must be the same as the end date.
4
Section 220 sets out the effect of the end date.
I4C11C10C8210Community order to specify offender's home local justice area
1
A community order must specify which local justice area is the offender's home local justice area.
2
The area specified must be the local justice area in which the offender resides or will reside.
I2211Power for Crown Court to direct magistrates' court supervision
F11
Where the Crown Court makes a community order, it may include a direction that the order is to be subject to magistrates' court supervision.
F22
Subsection (1) does not apply to a community order that qualifies for special procedures for the purposes of section 217A.
I1C3212Provision of copies of community order and related documents
C5C7C21
This section applies when a court makes a community order.
C5C7C22
The court must forthwith provide copies of the order—
C9a
to the offender,
C9b
to the responsible officer,
c
to an officer of a provider of probation services that is a public sector provider who is acting at the court, and
d
if the court does not act in the offender's home local justice area, to a provider of probation services that is a public sector provider and is operating in that area.
C5C7C2C93
If the order imposes any requirement specified in column 1 of the following table, the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.
The requirement | The person to whom a copy must be provided |
|---|---|
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected |
A residence requirement relating to residence in an institution | The person in charge of the institution |
A mental health treatment requirement | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule |
A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9 |
An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule |
An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring |
Any person without whose consent the requirement could not be included in the order. |
4
If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in that area with—
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 in that area in the exercise of its functions in relation to the order.
C5C7C25
In subsection (2) “public sector provider” means—
a
a probation trust or other public body, or
b
the Secretary of State.