THIRD GROUP OF PARTS

Disposals
PART 9

Community sentences
CHAPTER 2

Community orders

Exercise of power to make community order

Exercise of power to impose community order: general considerations
204
1
This section applies where a community order is available.
2
The court must not make a community order unless it is of the opinion that—
a
the offence, or
b
the combination of the offence and one or more offences associated with it,
was serious enough to warrant the making of such an order.
3
In forming its opinion for the purposes of subsection (2), 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.
4
The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
5
The fact that, by virtue of subsection (2), the court may make a community order does not require it to do so.
S. 204 in force at 1.12.2020 by S.I. 2020/1236, reg. 2