Modifications etc. (not altering text)
C1Pt. 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))
(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 [F1community punishment and rehabilitation orders], a community sentence shall not consist of or include both a [F2community rehabilitation order] and a [F3community punishment 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 [F3community punishment orders] for persistent petty offenders).
Textual Amendments
F1Words in s. 35(2) 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)
F2Words in s. 35(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
F3Words in s. 35(2)(4) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 2(1)(a)(b)(2); S.I. 2001/919, art. 2(f)(i)