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PART III continued
(1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part (and nothing in this section shall be taken to affect the generality of any enactment conferring power to make such rules).
(2) In this section “rules of court” means—
(a) Magistrates' Courts Rules;
(b) Crown Court Rules;
(c) Criminal Appeal Rules.
In this Part—
“the appropriate court” shall be construed in accordance with paragraph 1(2) of Schedule 1 to this Act;
“associated”, in relation to referral orders, shall be construed in accordance with section 18(7) above;
“connected”, in relation to offences, shall be construed in accordance with section 16(4) above;
“meeting”, in relation to a youth offender panel, shall be construed in accordance with section 21(7) above;
“the specified team”, in relation to an offender to whom a referral order applies (or two or more associated referral orders apply), means the youth offending team for the time being specified in the order (or orders).
(1) In this Act, “community order” means any of the following orders—
(a) a curfew order;
(b) a probation order;
(c) a community service order;
(d) a combination order;
(e) a drug treatment and testing order;
(f) an attendance centre order;
(g) a supervision order;
(h) an action plan order.
(2) In this Act, “community sentence” means a sentence which consists of or includes one or more community orders.
None of the powers to make community orders which are conferred by this Part is exercisable in respect of an offence for which the sentence—
(a) is fixed by law; or
(b) falls to be imposed under section 109(2), 110(2) or 111(2) below (requirement to impose custodial sentences for certain repeated offences committed by offenders aged 18 or over).
(1) A court shall not pass a community sentence on an offender 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 sentence.
(2) In consequence of the provision made by section 51 below with respect to combination orders, a community sentence shall not consist of or include both a probation order and a community service order.
(3) Subject to subsection (2) above and to section 69(5) below (which limits the community orders that may be combined with an action plan order), where a court passes a community sentence—
(a) the particular order or orders comprising or forming part of the sentence shall be such as in the opinion of the court is, or taken together are, the most suitable for the offender; and
(b) the restrictions on liberty imposed by the order or orders shall 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.
(4) Subsections (1) and (3)(b) above have effect subject to section 59 below (curfew orders and community service orders for persistent petty offenders).
(1) In forming any such opinion as is mentioned in subsection (1) or (3)(b) of section 35 above, a court shall take into account all such information as is available to it about the circumstances of the offence or (as the case may be) of the offence and the offence or offences associated with it, including any aggravating or mitigating factors.
(2) In forming any such opinion as is mentioned in subsection (3)(a) of that section, a court may take into account any information about the offender which is before it.
(3) The following provisions of this section apply in relation to—
(a) a probation order which includes additional requirements authorised by Schedule 2 to this Act;
(b) a community service order;
(c) a combination order;
(d) a drug treatment and testing order;
(e) a supervision order which includes requirements authorised by Schedule 6 to this Act.
(4) Subject to subsection (5) below, a court shall obtain and consider a pre-sentence report before forming an opinion as to the suitability for the offender of one or more of the orders mentioned in subsection (3) above.
(5) Subsection (4) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.
(6) In a case where the offender is aged under 18 and the offence is not triable only on indictment and there is no other offence associated with it that is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (5) above unless—
(a) there exists a previous pre-sentence report obtained in respect of the offender; and
(b) the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.
(7) No community sentence which consists of or includes such an order as is mentioned in subsection (3) above shall be invalidated by the failure of a court to obtain and consider a pre-sentence report before forming an opinion as to the suitability of the order for the offender, but any court on an appeal against such a sentence—
(a) shall, subject to subsection (8) below, obtain a pre-sentence report if none was obtained by the court below; and
(b) shall consider any such report obtained by it or by that court.
(8) Subsection (7)(a) above does not apply if the court is of the opinion—
(a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report; or
(b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.
(9) In a case where the offender is aged under 18 and the offence is not triable only on indictment and there is no other offence associated with it that is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (8) above unless—
(a) there exists a previous pre-sentence report obtained in respect of the offender; and
(b) the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.
(10) Section 156 below (disclosure of pre-sentence report to offender etc.) applies to any pre-sentence report obtained in pursuance of this section.
(1) Where a person is convicted of an offence, the court by or before which he is convicted may (subject to sections 34 to 36 above) make an order requiring him to remain, for periods specified in the order, at a place so specified.
(2) An order under subsection (1) above is in this Act referred to as a “curfew order”.
(3) A curfew order may specify different places or different periods for different days, but shall not specify—
(a) periods which fall outside the period of six months beginning with the day on which it is made; or
(b) periods which amount to less than two hours or more than twelve hours in any one day.
(4) In relation to an offender aged under 16 on conviction, subsection (3)(a) above shall have effect as if the reference to six months were a reference to three months.
(5) The requirements in a curfew order shall, as far as practicable, be such as to avoid—
(a) any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and
(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
(6) A curfew order shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(7) A court shall not make a curfew order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.
(8) Before making a curfew order, the court shall obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).
(9) Before making a curfew order in respect of an offender who on conviction is under 16, the court shall obtain and consider information about his family circumstances and the likely effect of such an order on those circumstances.
(10) Before making a curfew order, the court shall explain to the offender in ordinary language—
(a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 38 below (electronic monitoring));
(b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of the requirements of the order; and
(c) that the court has power (under Parts III and IV of that Schedule) to review the order on the application either of the offender or of the responsible officer.
(11) The court by which a curfew order is made shall give a copy of the order to the offender and to the responsible officer.
(12) In this Act, “responsible officer”, in relation to an offender subject to a curfew order, means the person who is responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order.
(1) Subject to subsection (2) below, a curfew order may in addition include requirements for securing the electronic monitoring of the offender’s whereabouts during the curfew periods specified in the order.
(2) A court shall not make a curfew order which includes such requirements unless the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the area in which the place proposed to be specified in the order is situated; and
(b) is satisfied that the necessary provision can be made under those arrangements.
(3) Electronic monitoring arrangements made by the Secretary of State under this section may include entering into contracts with other persons for the electronic monitoring by them of offenders' whereabouts.
Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to curfew orders.
(1) The Secretary of State may make rules for regulating—
(a) the monitoring of the whereabouts of persons who are subject to curfew orders (including electronic monitoring in cases where arrangements for such monitoring are available); and
(b) without prejudice to the generality of paragraph (a) above, the functions of the responsible officers of persons who are subject to curfew orders.
(2) The Secretary of State may by order direct—
(a) that subsection (3) of section 37 above shall have effect with the substitution, for any period there specified, of such period as may be specified in the order; or
(b) that subsection (5) of that section shall have effect with such additional restrictions as may be so specified.
(1) Where a person aged 16 or over is convicted of an offence and the court by or before which he is convicted is of the opinion that his supervision is desirable in the interests of—
(a) securing his rehabilitation, or
(b) protecting the public from harm from him or preventing the commission by him of further offences,
the court may (subject to sections 34 to 36 above) make an order requiring him to be under supervision for a period specified in the order of not less than six months nor more than three years.
(2) An order under subsection (1) above is in this Act referred to as a “probation order”.
(3) A probation order shall specify the petty sessions area in which the offender resides or will reside.
(4) If the offender is aged 18 or over at the time when the probation order is made, he shall, subject to paragraph 18 of Schedule 3 to this Act (offender’s change of area), be required to be under the supervision of a probation officer appointed for or assigned to the petty sessions area specified in the order.
(5) If the offender is aged under 18 at that time, he shall, subject to paragraph 18 of Schedule 3, be required to be under the supervision of—
(a) a probation officer appointed for or assigned to the petty sessions area specified in the order; or
(b) a member of a youth offending team established by a local authority specified in the order;
and if an order specifies a local authority for the purposes of paragraph (b) above, the authority specified must be the local authority within whose area it appears to the court that the offender resides or will reside.
(6) In this Act, “responsible officer”, in relation to an offender who is subject to a probation order, means the probation officer or member of a youth offending team responsible for his supervision.
(7) Before making a probation order, the court shall explain to the offender in ordinary language—
(a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 42 below);
(b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of the requirements of the order; and
(c) that the court has power (under Parts III and IV of that Schedule) to review the order on the application either of the offender or of the responsible officer.
(8) On making a probation order, the court may, if it thinks it expedient for the purpose of the offender’s reformation, allow any person who consents to do so to give security for the good behaviour of the offender.
(9) The court by which a probation order is made shall forthwith give copies of the order to—
(a) if the offender is aged 18 or over, a probation officer assigned to the court, or
(b) if the offender is aged under 18, a probation officer or member of a youth offending team so assigned,
and he shall give a copy to the offender, to the responsible officer and to the person in charge of any institution in which the offender is required by the order to reside.
(10) The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area—
(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 for that area in the exercise of its functions in relation to the order.
(11) An offender in respect of whom a probation order is made shall keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and shall notify him of any change of address.
(1) Subject to subsection (3) below, a probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of—
(a) securing the rehabilitation of the offender; or
(b) protecting the public from harm from him or preventing the commission by him of further offences.
(2) Without prejudice to the generality of subsection (1) above, the additional requirements which may be included in a probation order shall include the requirements which are authorised by Schedule 2 to this Act.
(3) Without prejudice to the power of the court under section 130 below to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a probation order.
Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to probation orders.
Schedule 4 to this Act (which makes provision for and in connection with the making and amendment in England and Wales of certain community orders relating to persons residing in Scotland or Northern Ireland) shall have effect so far as relating to probation orders.
(1) The Secretary of State may by order direct that subsection (1) of section 41 above shall be amended by substituting, for the minimum or maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.
(2) An order under subsection (1) above may make in paragraph 19(2)(a) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.
(1) Where a person aged 16 or over is convicted of an offence punishable with imprisonment, the court by or before which he is convicted may (subject to sections 34 to 36 above) make an order requiring him to perform unpaid work in accordance with section 47 below.
(2) An order under subsection (1) above is in this Act referred to as a “community service order”.
(3) The number of hours which a person may be required to work under a community service order shall be specified in the order and shall be in the aggregate—
(a) not less than 40; and
(b) not more than 240.
(4) A court shall not make a community service order in respect of an offender unless, after hearing (if the court thinks it necessary) an appropriate officer, the court is satisfied that the offender is a suitable person to perform work under such an order.
(5) In subsection (4) above “an appropriate officer” means—
(a) in the case of an offender aged 18 or over, a probation officer or social worker of a local authority social services department; and
(b) in the case of an offender aged under 18, a probation officer, a social worker of a local authority social services department or a member of a youth offending team.
(6) A court shall not make a community service order in respect of an offender unless it is satisfied that provision for him to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in which he resides or will reside.
(7) Subsection (6) above has effect subject to paragraphs 3 and 4 of Schedule 4 to this Act (transfer of order to Scotland or Northern Ireland).
(8) Where a court makes community service orders in respect of two or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum specified in subsection (3)(b) above.
(9) A community service order—
(a) shall specify the petty sessions area in which the offender resides or will reside; and
(b) where the offender is aged under 18 at the time the order is made, may also specify a local authority for the purposes of section 47(5)(b) below (cases where functions are to be discharged by member of a youth offending team);
and if the order specifies a local authority for those purposes, the authority specified must be the local authority within whose area it appears to the court that the offender resides or will reside.
(10) Before making a community service order, the court shall explain to the offender in ordinary language—
(a) the purpose and effect of the order (and in particular the requirements of the order as specified in section 47(1) to (3) below);
(b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of those requirements; and
(c) that the court has power (under Parts III and IV of that Schedule) to review the order on the application either of the offender or of the responsible officer.
(11) The court by which a community service order is made shall forthwith give copies of the order to—
(a) if the offender is aged 18 or over, a probation officer assigned to the court, or
(b) if the offender is aged under 18, a probation officer or member of a youth offending team so assigned,
and he shall give a copy to the offender and to the responsible officer.
(12) The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area—
(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 for that area in the exercise of its functions in relation to the order.
(13) In this section and Schedule 3 to this Act “responsible officer”, in relation to an offender subject to a community service order, means the person mentioned in subsection (4)(a) or (b) or (5)(b) of section 47 below who, as respects the order, is responsible for discharging the functions conferred by that section.
(1) An offender in respect of whom a community service order is in force shall—
(a) keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer and notify him of any change of address; and
(b) perform for the number of hours specified in the order such work at such times as he may be instructed by the responsible officer.
(2) The instructions given by the responsible officer under this section shall, as far as practicable, be such as to avoid—
(a) any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and
(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
(3) Subject to paragraph 22 of Schedule 3 to this Act (power to extend order), the work required to be performed under a community service order shall be performed during the period of twelve months beginning with the date of the order; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.
(4) If the offender is aged 18 or over at the time when the order is made, the functions conferred by this section on “the responsible officer” shall be discharged by—
(a) a probation officer appointed for or assigned to the petty sessions area specified in the order; or
(b) a person appointed for the purposes of this section by the probation committee for that area.
(5) If the offender is aged under 18 at that time, those functions shall be discharged by—
(a) a person mentioned in subsection (4)(a) or (b) above; or
(b) a member of a youth offending team established by a local authority specified in the order.
(6) The reference in subsection (4) above to the petty sessions area specified in the order and the reference in subsection (5) above to a local authority so specified are references to the area or an authority for the time being so specified, whether under section 46(9) above or by virtue of Part IV of Schedule 3 to this Act (power to amend orders).
Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to community service orders.
Schedule 4 to this Act (which makes provision for and in connection with the making and amendment in England and Wales of certain community orders relating to persons residing in Scotland or Northern Ireland) shall have effect so far as relating to community service orders.
The Secretary of State may by order direct that subsection (3) of section 46 above shall be amended by substituting, for the maximum number of hours for the time being specified in paragraph (b) of that subsection, such number of hours as may be specified in the order.
(1) Where a person aged 16 or over is convicted of an offence punishable with imprisonment and the court by or before which he is convicted is of the opinion mentioned in subsection (3) below, the court may (subject to sections 34 to 36 above) make an order requiring him both—
(a) to be under supervision for a period specified in the order, being not less than twelve months nor more than three years; and
(b) to perform unpaid work for a number of hours so specified, being in the aggregate not less than 40 nor more than 100.
(2) An order under subsection (1) above is in this Act referred to as a “combination order”.
(3) The opinion referred to in subsection (1) above is that the making of a combination order is desirable in the interests of—
(a) securing the rehabilitation of the offender; or
(b) protecting the public from harm from him or preventing the commission by him of further offences.
(4) Subject to subsection (1) above, sections 41, 42, 46 and 47 above and Schedule 2 to this Act shall apply in relation to combination orders—
(a) in so far as those orders impose such a requirement as is mentioned in paragraph (a) of subsection (1) above, as if they were probation orders; and
(b) in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
(5) Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to combination orders.
(6) Schedule 4 to this Act (which makes provision for and in connection with the making and amendment in England and Wales of certain community orders relating to persons residing in Scotland or Northern Ireland) shall have effect so far as relating to combination orders.
(1) Where a person aged 16 or over is convicted of an offence, the court by or before which he is convicted may (subject to sections 34 to 36 above) make an order which—
(a) has effect for a period specified in the order of not less than six months nor more than three years (“the treatment and testing period”); and
(b) includes the requirements and provisions mentioned in sections 53 and 54 below;
but this section does not apply in relation to an offence committed before 30th September 1998.
(2) An order under subsection (1) above is in this Act referred to as a “drug treatment and testing order”.
(3) A court shall not make a drug treatment and testing order in respect of an offender unless it is satisfied—
(a) that he is dependent on or has a propensity to misuse drugs; and
(b) that his dependency or propensity is such as requires and may be susceptible to treatment.
(4) For the purpose of ascertaining for the purposes of subsection (3) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify; but the court shall not make such an order unless the offender expresses his willingness to comply with its requirements.
(5) A court shall not make a drug treatment and testing order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be specified in the order under section 54(1) below and the notice has not been withdrawn.
(6) Before making a drug treatment and testing order, the court shall explain to the offender in ordinary language—
(a) the effect of the order and of the requirements proposed to be included in it;
(b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of those requirements;
(c) that the order will be periodically reviewed at intervals as provided for in the order (by virtue of section 54(6) below); and
(d) that the order may be reviewed (under Parts III and IV of Schedule 3) on the application either of the offender or of the responsible officer;
and “responsible officer” here has the meaning given by section 54(3) below.
(7) A court shall not make a drug treatment and testing order unless the offender expresses his willingness to comply with its requirements.
Powers of Criminal Courts (Sentencing) Act 2000