SCHEDULES
SCHEDULE 16Dealing non-custodially with offenders
Part 1Community orders: punitive elements
I11
The Criminal Justice Act 2003 is amended as follows.
I22
In section 177 (community orders) after subsection (2) insert—
2A
Where the court makes a community order, the court must—
a
include in the order at least one requirement imposed for the purpose of punishment, or
b
impose a fine for the offence in respect of which the community order is made, or
c
comply with both of paragraphs (a) and (b).
2B
Subsection (2A) does not apply where there are exceptional circumstances which—
a
relate to the offence or to the offender,
b
would make it unjust in all the circumstances for the court to comply with subsection (2A)(a) in the particular case, and
c
would make it unjust in all the circumstances for the court to impose a fine for the offence concerned.
I33
In section 148(2A) (restrictions in subsection (2) on making community orders etc are subject to certain enactments) after “subject to” insert “
section 177(2A) (community orders: punitive elements) and to
”
.
I44
An amendment made by this Part of this Schedule does not affect orders in respect of offences committed before the amendment comes into force.