Sentencing Act 2020

Community orders: powers to imprison offender for wilful or persistent breach

21 (1) Schedule 10 (breach etc of community order) is amended as follows.

(2) In paragraph 10 (powers of magistrates’ court on breach)—

(a) in sub-paragraph (5), after paragraph (c) insert—

“(d) where—

(i) the community order was made by a magistrates’ court,

(ii) the offence in respect of which the order was made was not an offence punishable by imprisonment,

(iii) the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.”

(b) in sub-paragraph (9), after “custodial sentence” insert “(where the order was made in respect of an offence punishable with such a sentence)”;

(c) after that sub-paragraph insert—

“(9A) In sub-paragraph (5)(d), “relevant custodial sentence” means—

(a) in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

(b) in any other case, a sentence of imprisonment.”;

(d) in sub-paragraph (10), after “(5)(c)” insert “or (d)”;

(e) in sub-paragraph (11), after “(5)(c)” insert “or (d)”.

(3) In paragraph 11 (powers of Crown Court on breach)—

(a) in sub-paragraph (2), after paragraph (c) insert—

“(d) where—

(i) the offence in respect of which the order was made was not an offence punishable by imprisonment, and

(ii) the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.”;

(b) in sub-paragraph (6), after “custodial sentence” insert “(where the order was made in respect of an offence punishable with such a sentence)”;

(c) after that sub-paragraph insert—

“(6A) In sub-paragraph (2)(d), “relevant custodial sentence” means—

(a) in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

(b) in any other case, a sentence of imprisonment.”;

(d) in sub-paragraph (7), after “(2)(c)” insert “or (d)”.