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.