Sentencing Act 2020

Exercise of power to impose requirements E+W

208 Community order: exercise of power to impose particular requirements E+W

(1) This section applies where a court makes a community order in respect of an offence.

Restrictions and obligations relating to imposing particular requirements

(2) The power to impose a particular community order requirement is subject to the provisions of the Part of Schedule 9 relating to requirements of that kind (see column 2 of the table in section 201).

Suitability of requirements

(3) The particular community order requirement or community order requirements imposed by the order must, in the opinion of the court, be the most suitable for the offender.

This is subject to subsection (10).

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming any opinion on whether a particular requirement or combination of requirements is suitable for the offender.

(5) In forming its opinion for the purposes of subsection (3) on which requirement or combination of requirements is most suitable for the offender, the court may take into account any information about the offender which is before it.

Considerations of seriousness and punishment etc

(6) The restrictions on liberty imposed by the order must be such as are in the opinion of the court commensurate with the seriousness of—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it.

This is subject to subsection (10).

(7) In forming its opinion for the purposes of subsection (6), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(8) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(9) The fact that, by virtue of subsection (6), particular restrictions on liberty may be imposed by a community order does not require the court to impose those restrictions.

(10) The order must include at least one community order requirement imposed for the purpose of punishment.

(11) Subsection (10) does not apply where—

(a) the court also imposes a fine, or

(b) there are exceptional circumstances relating to the offence or to the offender which—

(i) would make it unjust in all the circumstances for the court to impose a requirement for the purpose of punishment in the particular case, and

(ii) would make it unjust in all the circumstances for the court to impose a fine for the offence concerned.

Compatibility with other matters

(12) If the order imposes two or more different community order requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.

(13) The court must ensure, so far as practicable, that any community order requirement imposed by the order is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any conflict with the requirements of any other court order to which the offender may be subject, and

(c) any interference with the times, if any, at which the offender normally—

(i) works, or

(ii) attends any educational establishment,

and satisfies any additional restrictions that the Secretary of State may specify in regulations.

(14) Regulations under subsection (13) are subject to the negative resolution procedure.

Modifications etc. (not altering text)

C1 S. 208(2) (10)-(14) 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; S.I. 2020/1236, reg. 2)

C2 S. 208(2) (10)-(14) 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; S.I. 2020/1236, reg. 2)

C3 S. 208(2) (10)-(14) 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; S.I. 2020/1236, reg. 2)

C4 S. 208(13) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C5 S. 208(13) applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 S. 208 in force at 1.12.2020 by S.I. 2020/1236, reg. 2