Modifications etc. (not altering text)
C1Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
(1)Where a person of or over [F1sixteen] years of age is convicted of an offence punishable with imprisonment, the court by or before which he is convicted may, F2. . . (but subject to subsection (2) below) make an order (in this Act referred to as “a community service order”) requiring him to perform unpaid work in accordance with the subsequent provisions of this Act . . . F3.
The reference in this subsection to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.
[F4(1A)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
[F5(b)not more than 240.]]
[F6(2)A court shall not make a community service order in respect of any offender unless the offender consents and the court, after hearing (if the court thinks it necessary) a probation officer or social worker of a local authority social services department, is satisfied that the offender is a suitable person to perform work under such an order.
(2A)Subject to paragraphs 3 and 4 of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders) 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.]
(3)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 [F7specified in paragraph (b) F8. . . of subsection (1A) above,].
(4)A community service order shall specify the petty sessions area in which the offender resides or will reside; and the functions conferred by the subsequent provisions of this Act on the relevant officer shall be discharged by a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of [F9Part IV of Schedule 2 to the Criminal Justice Act 1991]), or by a person appointed for the purposes of those provisions by the probation and after-care committee for that area.
(5)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 15 of this Act);
(b)the consequences which may follow under [F10Part II of Schedule 2 to the Criminal Justice Act 1991] if he fails to comply with any of those requirements; and
(c)that the court has under [F11Parts III and IV of that Schedule] t he power to review the order on the application either of the offender or of a probation officer.
(6)The court by which a community service order is made shall forthwith give copies of the order to a probation officer assigned to the court and he shall give a copy to the offender and to the relevant officer; and the court shall, except where it is itself a magistrates’ court acting for the petty sessions area specified in the order, send to the clerk to the justices for the petty sessions area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order.
(7)The Secretary of State may by order direct that [F12subsection (1A) above shall be amended by substituting for the maximum number of hours for the time being specified in paragraph (b)(i) or (ii) of that subsection], such number of hours as may be specified in the order.
(8)Nothing in subsection (1) above shall be construed as preventing a court which makes a community service order in respect of any offence from making an order for costs against, or imposing any disqualification on, the offender or from making in respect of the offence an order under section 35, 39, 43 or 44 of this Act, or under section 28 of the M1Theft Act 1968.
Textual Amendments
F1Word substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(a)(i)
F2Words in s. 14(1) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 10(1), 101(1)(2), Sch. 12 para. 1, Sch.13 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
F3Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(a)(ii)
F4S. 14(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(b)
F5S. 14(1A)(b) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 10(2), 101(1), Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
F6S. 14(2)(2A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 10(3), 101(1), Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
F7Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(d)
F8Words in s. 14(3) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch.2
F9Words in s. 14(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 12(a); S.I. 1992/333, art. 2(2), Sch. 2
F10Words in s. 14(5)(b) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 12(b); S.I. 1992/333, art. 2(2), Sch. 2
F11Words in s. 14(5)(c) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 12(c); S.I. 1992/333, art. 2(2), Sch. 2
F12Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 12 para. 1(e)
Modifications etc. (not altering text)
C2S. 14 modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 paras. 3(1), 4(1) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
C3S. 14(1) applied (5.2.1994) by 1993 c. 47, ss. 30(1), 33(2).
C4S. 14(1A) applied (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 14(1), Sch. 2 Pt. II, para. 6(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
S. 14(2) applied (1.10.1992) by Criminal Justice Act 1991 (c. 53, 39:1), s. 14(1), Sch. 2 para. 6(4) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2
C5S. 14(4) applied (E.W.S.) by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 6(3), Sch. 1 para. 2
C6S. 14(5) modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 para. 6(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2
Marginal Citations
(1)An offender in respect of whom a community service order is in force shall—
[F13(a)keep in touch with the relevant 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;]
(b)perform for the number of hours specified in the order such work at such times as he may be instructed by the relevant officer.
(2)Subject to [F14paragraph 15 of Schedule 2 to the Criminal Justice Act 1991], 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 [F15; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.]
(3)The instructions given by the relevant officer under this section shall, so far as practicable, be such as to avoid any conflict with the offender’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment.
Textual Amendments
F13S. 15(1)(a) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 10(4), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
F14Words in s. 15(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11, para. 13; S.I. 1992/333, art. 2(2), Sch. 2
F15Words added by Criminal Law Act 1977 (c. 45), Sch. 12
Modifications etc. (not altering text)
C7S. 15 applied (E.W.S.) by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 6(3), Sch. 1 para. 2
C8S. 15(2) power to modify conferred (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 14(1), Sch. 2, para. 15 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
Textual Amendments
F16S. 16 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 14(2), 101(2), Sch.13 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
Textual Amendments
F17S. 17 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 14(2), 101(2), Sch. 13 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2