(1)A community order is available to a court by or before which an offender is convicted of an offence if—
(a)the offender is aged 18 or over when convicted, and
(b)the offence is punishable with imprisonment by that court.
(2)Subsection (1) is subject to—
(a)subsection (3),
(b)section 203 (restriction on making both community order and suspended sentence order), and
(c)section 37(8) of the Mental Health Act 1983 (community order not to be made in combination with hospital order or guardianship order in respect of same offence).
(3)A community order is not available in respect of an offence in relation to which a mandatory sentence requirement applies (see section 399).
But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).
Commencement Information
I1S. 202 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
A court may not make a community order in respect of an offence if it makes a suspended sentence order in respect of—
(a)the offence,
(b)any other offence of which the offender is convicted by or before it, or
(c)any other offence for which it deals with the offender.
Modifications etc. (not altering text)
C1S. 203 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C2S. 203 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C3S. 203 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I2S. 203 in force at 1.12.2020 by S.I. 2020/1236, reg. 2