Criminal Justice Act 1982

Section 68.

SCHEDULE 12 Community Service Orders—England and Wales

1 In section 14 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (community service orders in respect of convicted persons)—

(a) in subsection (1)—

(i) for the word " seventeen " there shall be substituted the word " sixteen "; and

(ii) the words from " for such " to " in the order " shall cease to have effect;

(b) the following subsection shall be inserted after that subsection—

“(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

(b) not more—

(i) in the case of an offender aged sixteen, than 120; and

(ii) in other cases, than 240.”;

(c) the following subsections shall be substituted for subsection (2)—

“(2) A court shall not make a community service order in respect of any offender unless the offender consents and after considering a report by a probation officer or by a social worker of a local authority social services department about the offender and his circumstances and, if the court thinks it necessary, hearing a probation officer or a social worker of a local authority social services department, the court is satisfied that the offender is a suitable person to perform work under such an order.

(2A) Subject to sections 17A and 17B below.—

(a) a court shall not make a community service order in respect of any offender who is of or over seventeen years of age unless the court 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 ; and

(b) a court shall not make a community service order in respect of an offender who is under seventeen years of age unless—

(i) it has been notified by the Secretary of State that arrangements exist for persons of the offender's age who reside in the petty sessions area in which the offender resides or will reside to perform work under such orders ; and

(ii) it is satisfied that provision can be made under the arrangements for him to do so.”; and

(d) in subsection (3), for the words " in subsection (1) above " there shall be substituted the words " specified in paragraph (b)(i) or (ii) of subsection (1A) above. "; and

(e) in subsection (7), for the words from "subsection (1)" to " this subsection" there shall be substituted the words " subsection (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 ".

2 In section 17 of that Act (amendment and revocation of community service orders)—

(a) the following subsections shall be inserted after subsection (4)—

“(4A) Where—

(a) an offender in respect of whom a community service order is in force is convicted of an offence before a magistrates' court other than a magistrates' court acting for the petty sessions area for the time being specified in the order ; and

(b) the court imposes a custodial sentence on him ; and

(c) it appears to the court, on the application of the offender or the relevant officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may—

(i) if the order was made by a magistrates' court, revoke it; and

(ii) if the order was made by the Crown Court, commit him in custody or release him on bail until he can be brought or appear before the Crown Court;

and where the court deals with his case under sub-paragraph (ii) above, it shall send to the Crown Court such particulars of the case as may be desirable.

(4B) Where by virtue of subsection (4A)(c)(ii) above the offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may revoke the order.”; and

(b) the following subsections shall be substituted for subsection (5)—

“(5) If—

(a) a magistrates' court acting for the petty sessions area for the time being specified in a community service order is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area ; and

(b) the conditions specified in subsection (5A) below are satisfied,

the court may, and on the application of the relevant officer shall, amend the order by substituting the other petty sessions area for the area specified in the order.

(5A) The conditions referred to in subsection (5) above are—

(a) if the offender is of or over 17 years of age, that it appears to the court that provision can be made for him to perform work under the community service order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders ; and

(b) if the offender is under 17 years of age—

(i) that the court has been notified by the Secretary of State that arrangements exist for persons of his age who reside in the other petty sessions area to perform work under such orders ; and

(ii) it appears to the court that provision can be made under the arrangements for him to do so.”.