THIRD GROUP OF PARTS

Disposals
PART 9

Community sentences
CHAPTER 2

Community orders

Availability

Community order: availability
202
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).
S. 202 in force at 1.12.2020 by S.I. 2020/1236, reg. 2