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Sentencing Act 2020

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Changes over time for: Section 204

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Point in time view as at 01/12/2020.

Changes to legislation:

Sentencing Act 2020, Section 204 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

204Exercise of power to impose community order: general considerationsE+W

(1)This section applies where a community order is available.

(2)The court must not make a community order unless it is of the opinion that—

(a)the offence, or

(b)the combination of the offence and one or more offences associated with it,

was serious enough to warrant the making of such an order.

(3)In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(4)The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(5)The fact that, by virtue of subsection (2), the court may make a community order does not require it to do so.

Commencement Information

I1S. 204 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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