Criminal Justice and Courts Services Act 2000

53 Breach of community orders: warning and punishment

(1) Schedule 3 to the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 (breach of requirements of community orders) is amended as follows.

(2) After paragraph 1(1) there is inserted—

“(1A) The orders mentioned in paragraphs (a) to (d) and (f) of sub-paragraph (1) above and, if an order made by the Secretary of State so provides, any other order mentioned in that sub-paragraph are referred to in this Schedule as orders to which the warning provisions apply.”

(3) In Part II, before paragraph 3 (and the cross-heading preceding it) there is inserted—

“Functions of responsible officer

2A(1) Sub-paragraphs (2) and (3) below apply if the responsible officer is of the opinion that a person aged 18 or over (“the offender”) has failed without reasonable excuse to comply with any of the requirements of an order to which the warning provisions apply other than a requirement to abstain from misusing specified Class A drugs.

(2) The officer shall give him a warning under this paragraph if—

(a) the offender has not within the specified period been given a warning under this paragraph in respect of a failure to comply with any of the requirements of the order; and

(b) the officer does not cause an information to be laid before a justice of the peace in respect of the failure in question.

(3) If the offender has within the specified period been given such a warning, the officer shall cause an information to be laid before a justice of the peace in respect of the failure in question.

(4) In sub-paragraphs (2) and (3) above, “specified period” means—

(a) in the case of a curfew order, the period of six months;

(b) in any other case, the period of twelve months;

ending with the failure in question.

(5) A warning under this paragraph must—

(a) describe the circumstances of the failure;

(b) state that the failure is unacceptable;

(c) inform the offender that if within the next six or (as the case may be) twelve months he again fails to comply with any requirement of the order, he will be liable to be brought before a court;

and the officer shall, as soon as is practicable after the warning has been given, record that fact.

(6) If a community sentence consists of or includes two or more orders to which the warning provisions apply, being orders in respect of the same offence—

(a) the preceding provisions of this paragraph shall have effect as if those orders were a single order to which the warning provisions apply; and

(b) where one of those orders is a curfew order that fact shall be disregarded for the purposes of sub-paragraph (4) above.”

(4) In paragraph 4, for sub-paragraph (1) there is substituted—

“(1) This paragraph applies if it is proved to the satisfaction of a magistrates' court before which an offender appears or is brought under paragraph 3 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order.

(1A) In a case where the offender is aged 18 or over and the order is one to which the warning provisions apply, the magistrates' court shall impose a sentence of imprisonment for the offence in respect of which the order was made unless it is of the opinion—

(a) that the offender is likely to comply with the requirements of the order during the period for which it remains in force; or

(b) that the exceptional circumstances of the case justify not imposing a sentence of imprisonment.

(1B) The sentence of imprisonment—

(a) where the offence was an offence punishable by imprisonment, shall be for the term which, if—

(i) he had just been convicted of the offence by the court, and

(ii) section 79(2) of this Act did not apply,

the court would impose on him for that offence; and

(b) in any other case, shall be for a term not exceeding three months;

taking account of the extent to which he has complied with the requirements of the order.

(1C) If in a case within sub-paragraph (1A) above the court does not impose a sentence of imprisonment or if the case is not within that sub-paragraph, the magistrates' court may deal with him in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)—

(a) by making a curfew order in respect of him (subject to paragraph 6A below);

(b) where the offender is aged 16 or over, by making a community punishment order in respect of him (subject to paragraph 7 below);

(c) where the offender is aged under 21, by making an attendance centre order in respect of him (subject to paragraph 8 below); or

(d) where the relevant order was made by a magistrates' court, by dealing with him, for the offence in respect of which the order was made, in any way in which the court could deal with him if he had just been convicted by it of the offence.”

(5) In paragraph 5, for sub-paragraph (1) there is substituted—

“(1) This paragraph applies where under paragraph 3 or by virtue of paragraph 4(4) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of that court that he has failed without reasonable excuse to comply with any of the requirements of the relevant order.

(1A) In a case where the offender is aged 18 or over and the order is one to which the warning provisions apply, the Crown Court shall impose a sentence of imprisonment for the offence in respect of which the order was made unless it is of the opinion—

(a) that the offender is likely to comply with the requirements of the order during the period for which it remains in force; or

(b) that the exceptional circumstances of the case justify not imposing a sentence of imprisonment.

(1B) The sentence of imprisonment—

(a) where the offence was an offence punishable by imprisonment, shall be for the term which, if—

(i) he had just been convicted of the offence by the court, and

(ii) section 79(2) of this Act did not apply,

the court would impose on him for that offence; and

(b) in any other case, shall be for a term not exceeding three months;

taking account of the extent to which he has complied with the requirements of the order.

(1C) If in a case within sub-paragraph (1A) above the court does not impose a sentence of imprisonment or if the case is not within that sub-paragraph, the Crown Court may deal with him in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)—

(a) by making a curfew order in respect of him (subject to paragraph 6A below);

(b) where the offender is aged 16 or over, by making a community punishment order in respect of him (subject to paragraph 7 below);

(c) where the offender is aged under 21, by making an attendance centre order in respect of him (subject to paragraph 8 below); or

(d) by dealing with him, for the offence in respect of which the order was made, in any way in which the Crown Court could deal with him if he had just been convicted before it of the offence.”

(6) In paragraph 6, at the end there is inserted—

“(3) Paragraphs 4(1A) and 5(1A) above do not apply in respect of a failure to comply with a requirement to abstain from misusing specified Class A drugs.”