Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Part IV U.K. Community orders and reparation orders

Modifications etc. (not altering text)

C1 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))

Chapter III U.K. Community orders available only where offender aged 16 or over

Probation orders U.K.

41 [F1 community rehabilitation orders]. E+W

(1) Where a person aged 16 or over is convicted of an offence and the court by or before which he is convicted is of the opinion that his supervision is desirable in the interests of—

(a) securing his rehabilitation, or

(b) protecting the public from harm from him or preventing the commission by him of further offences,

the court may (subject to sections 34 to 36 above) make an order requiring him to be under supervision for a period specified in the order of not less than six months nor more than three years.

(2) An order under subsection (1) above is in this Act referred to as a [F2 “community rehabilitation order”].

(3) A [F1 community rehabilitation order] shall specify the petty sessions area in which the offender resides or will reside.

(4) If the offender is aged 18 or over at the time when the [F1 community rehabilitation order] is made, he shall, subject to paragraph 18 of Schedule 3 to this Act (offender’s change of area), be required to be under the supervision of [F3 an officer of a local probation board] appointed for or assigned to the petty sessions area specified in the order.

(5) If the offender is aged under 18 at that time, he shall, subject to paragraph 18 of Schedule 3, be required to be under the supervision of—

(a) [F3 an officer of a local probation board] appointed for or assigned to the petty sessions area specified in the order; or

(b) a member of a youth offending team established by a local authority specified in the order;

and if an order specifies a local authority for the purposes of paragraph (b) above, the authority specified must be the local authority within whose area it appears to the court that the offender resides or will reside.

(6) In this Act, “responsible officer”, in relation to an offender who is subject to a [F1 community rehabilitation order], means [F3 the officer of a local probation board] or member of a youth offending team responsible for his supervision.

(7) Before making a [F1 community rehabilitation order], the court shall explain to the offender in ordinary language—

(a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 42 below);

(b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of the requirements of the order; and

(c) that the court has power (under Parts III and IV of that Schedule) to review the order on the application either of the offender or of the responsible officer.

(8) On making a [F1 community rehabilitation order], the court may, if it thinks it expedient for the purpose of the offender’s reformation, allow any person who consents to do so to give security for the good behaviour of the offender.

(9) The court by which a [F1 community rehabilitation order] is made shall forthwith give copies of the order to—

(a) if the offender is aged 18 or over, [F3 an officer of a local probation board] assigned to the court, or

(b) if the offender is aged under 18, [F3 an officer of a local probation board] or member of a youth offending team so assigned,

and he shall give a copy to the offender, to the responsible officer and to the person in charge of any institution in which the offender is required by the order to reside.

(10) The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the [F4 justices’ chief executive] for that area—

(a) a copy of the order; and

(b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.

(11) An offender in respect of whom a [F1 community rehabilitation order] is made shall keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and shall notify him of any change of address.

Textual Amendments

F1 Words in s. 41(3)(4)(6)-(9)(11) and the sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(2); S.I. 2001/919, art. 2(f)(i)

F2 Words in s. 41(2) substituted (1.4.2001) by 2000 c. 43, s. 43(3)(a); S.I. 2001/919, art. 2(b)

F3 Words in s. 41(4)(5)(a)(6)(9) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(2); S.I. 2001/919, art. 2(f)(i)

F4 Words in s. 41(10) substituted (1.4.2001) by S.I. 2001/618, art. 5(2)

Modifications etc. (not altering text)

C2 S. 41(1) amended (1.4.2001) by 2000 c. 43, s. 43(1); S.I. 2001/919, art. 2(b)