Criminal Justice Act 1982

1 In section 14 of the M1 Powers of Criminal Courts Act 1973 (community service orders in respect of convicted persons)—

(a) In subsection (1)—

(i) for the word “seventeen" there shall be substituted the word “sixteen"; and

(ii) the words from “for such" to “in the order" shall cease to have effect;

(b) the following subsection shall be inserted after that sub-section—

“(1A) The number of hours which a person may be required to work under a community service order shall be specified in the order and shall be in the aggregate—

(a) not less than 40; and

(b) not more—

(i) in the case of an offender aged sixteen, than 120; and

(ii) in other cases, than 240.”;

(c) the following subsections shall be substituted for subsection (2)—

“(2) A court shall not make a community service order in respect of any offender unless the offender consents and after considering a report by a probation officer or by a social worker of a local authority social services department about the offender and his circumstances and, if the court thinks it necessary, hearing a probation officer or a social worker of a local authority social services department, the court is satisfied that the offender is a suitable person to perform work under such an order.

(2A) Subject to sections 17A and 17B below,—

(a) a court shall not make a community service order in respect of any offender who is of or over seventeen years of age unless the court is satisfied that provision for him to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in which he resides or will reside; and

(b) a court shall not make a community service order in respect of an offender who is under seventeen years of age unless—

(i) it has been notified by the Secretary of State that arrangements exist for persons of the offender’s age who reside in the petty sessions area in which the offender resides or will reside to perform work under such orders; and

(ii) it is satisfied that provision can be made under the arrangements for him to do so.”; and

(d) in subsection (3), for the words “in subsection (1) above" there shall be substituted the words “specified in paragraph (b)(i) or (ii) of subsection (1A) above."; and

(e) in subsection (7), for the words from “subsection (1)" to “this subsection" there shall be substituted the words “subsection (1A) above shall be amended by substituting for the maximum number of hours for the time being specified in paragraph (b)(i) or (ii) of that subsection".

Marginal Citations

M1 1973 c. 62.