C1Part IVCommunity orders and reparation orders
Chapter IIICommunity orders available only where offender aged 16 or over
F6Community punishment and rehabilitation orders
Words in cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 3(1)(b)(2); S.I. 2001/919, art. 2(f)(i)
51F1Community punishment and rehabilitation orders.
F21
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 F3“community punishment and rehabilitation order”.
3
The opinion referred to in subsection (1) above is that the making of a F1community punishment and rehabilitation 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 F1community punishment and rehabilitation 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 F4community rehabilitation 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 F5community punishment 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 F1community punishment and rehabilitation 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 F1community punishment and rehabilitation orders.
Pt. IV applied (with modifications) (25.8.2000) by 1997 c. 43, s. 35(4)(b)(5) (as substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(3))