Sentencing Act 2020

PART 1 E+W Unpaid work requirement

Requirement and obligation of offender E+W

1 (1) In this Code “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to— E+W

(a) the work to be performed, and

(b) the times F1 ... at which the offender is to perform it.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Sch. 9 para. 1(1)(b) omitted (11.5.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 36(1)(a)(i), 49(1) (with s. 36(3)); S.I. 2026/402, reg. 2(c)

F2 Sch. 9 para. 1(2) omitted (11.5.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 36(1)(a)(ii), 49(1) (with s. 36(3)); S.I. 2026/402, reg. 2(c)

Modifications etc. (not altering text)

C1 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2 Sch. 9 para. 1(1) 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)

Commencement Information

I1 Sch. 9 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Number of hours of unpaid work to be specified in order E+W

2 (1) The number of hours which a person may be required to work under an unpaid work requirement— E+W

(a) must be specified in the relevant order, and

(b) must, in aggregate, be—

(i) not less than 40, and

(ii) not more than 300.

(2) Sub-paragraph (1)(b)(i) is subject to paragraph 13(4) of Schedule 10 (breach of community order: power to impose unpaid work requirement).

(3) Sub-paragraph (4) applies where the court—

(a) makes relevant orders in respect of two or more offences of which the offender is convicted on the same occasion, and

(b) includes unpaid work requirements in each of them.

(4) The court may direct that the hours of work specified in any of those requirements is to be—

(a) concurrent with, or

(b) additional to,

those specified in any other of those orders.

But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).

Modifications etc. (not altering text)

C1 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3 Sch. 9 para. 2(1) 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)

Commencement Information

I2 Sch. 9 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing unpaid work requirement E+W

3 (1) A court may not include an unpaid work requirement in a relevant order unless it is satisfied— E+W

(a) that the offender is a suitable person to perform work under such a requirement, and

(b) that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the offender's home local justice area.

(2) In making a decision under sub-paragraph (1)(a), the court must (if it thinks necessary) hear an officer of a provider of probation services.

Modifications etc. (not altering text)

C1 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C4 Sch. 9 para. 3 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)

Commencement Information

I3 Sch. 9 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F3 Reduction in number of hours of work required by unpaid work requirement E+W

Textual Amendments

F3 Sch. 9 para. 3A and cross-heading inserted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 37(3), 49(3)(c) (with s. 37(8))

3A (1) This paragraph applies where— E+W

(a) a relevant order is in force,

(b) the order includes an unpaid work requirement,

(c) the offender has performed the qualifying amount of work in relation to the requirement,

(d) the responsible officer is of the view that the offender did not, during the period starting when the order was made and ending when the offender had first performed the qualifying amount of work (“the relevant period”), at any time fail without reasonable excuse to attend for work as required by the officer’s instructions, and

(e) during the relevant period the responsible officer did not at any time ask the offender to leave a place of work on the grounds that the offender was not performing work as required by the officer’s instructions.

(2) For the purposes of this paragraph “the qualifying amount of work”, in relation to an unpaid work requirement, is 25 per cent of the number of hours of work specified in the relevant order (including a fraction of an hour where necessary).

(3) Where this paragraph applies, the number of hours that the offender may be required to work under the requirement is reduced by half an hour for every credit earning hour worked.

(4) For the purposes of sub-paragraph (3), the offender works a credit earning hour where the offender performs a whole hour of work under the requirement at any time after the offender has performed the qualifying amount of work in relation to the requirement.

(5) But if—

(a) the responsible officer is of the view that the offender fails without reasonable excuse to attend for work as required by the officer’s instructions, or

(b) the responsible officer asks the offender to leave a place of work on the grounds that the offender is not performing work as required by the officer’s instructions,

any work performed by the offender at any time after that failure to attend or request to leave is not to count as all or part of a credit earning hour.

(6) Where a relevant order is amended under paragraph 10(5)(b) or 11(2)(b) of Schedule 10, or under paragraph 13(1)(d)(i) of Schedule 16, so as to require the offender to perform additional hours of unpaid work—

(a) the requirement to perform those additional hours is to be treated, for the purposes of this paragraph, as imposed under an additional unpaid work requirement that is separate from any unpaid work requirement included in the order before its amendment, and

(b) sub-paragraph (3) does not apply in relation to that additional unpaid work requirement.

(7) The Secretary of State may by regulations amend this paragraph so as to—

(a) vary the percentage for the time being specified in sub-paragraph (2);

(b) vary the amount for the time being specified in sub-paragraph (3) as the amount by which the number of hours required to be worked is reduced for each hour worked by the offender;

(c) omit sub-paragraph (1)(d) or (e) or (5);

(d) provide for restrictions, conditions or exclusions in relation to the application of the paragraph or the reduction in hours required to be worked that results from its application;

(e) vary or remove any restrictions, conditions or exclusions provided for by virtue of paragraph (d).

(8) Regulations under sub-paragraph (7)—

(a) may make consequential amendments (including amendments of primary legislation);

(b) are subject to the affirmative resolution procedure.]