42. Restrictions On Imposing Community Sentences. | Sentencing | LexisNexis

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42. Restrictions on imposing community sentences.

A court¹ must not pass a community order² or (in respect of a person aged under 18³) a youth rehabilitation order⁴ — ie a 'community sentence'⁵ — on an offender unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated⁶ with it, was serious enough to warrant such a sentence⁷.

Where a court passes a community sentence:

(1) the particular requirement or requirements forming part of the community order or youth rehabilitation order comprised in the sentence must be such as, in the opinion of the court, is, or

(1) Community Orders And Youth Rehabilitation Orders

42. Restrictions on imposing community sentences.

43. Passing of community sentence on offender remanded in custody.

44. Community sentence not available where sentence fixed by law etc.

45. Power to make community orders.

46. Age limits for community orders.

47. Persistent offenders.

48. Requirements which may be imposed.

49. Requirement to avoid conflict with religious beliefs and education.

50. Time limits for compliance with requirements.

51. Duty of offender to keep in touch with responsible officer and to obtain permission before changing residence.

52. Periodical review of orders.

53. Duty to give warning and subsequent breach.

54. Issue of summons or warrant.

55. Powers of magistrates' court.

56. Powers of Crown Court.

57. Revocation of order by magistrates' court.

58. Revocation of order by Crown Court.

59. Amendment by reason of change of residence.

60. Amendment of requirements of community order.

61. Amendment of treatment requirements of community order on report of practitioner.

62. Amendment in relation to review of drug rehabilitation requirement.

63. Change of end date.

64. Extension of unpaid work requirement.

65. Supplementary.

66. Powers of magistrates' courts.

67. Powers of Crown Court.

68. Supervision arrangements.

69. Compliance with requirements.

70. Change of residence.

71. Status of transferred order.

72. Powers of home courts.

73. Youth rehabilitation orders and requirements.

74. Electronic monitoring requirements in youth rehabilitation orders.

75. Youth rehabilitation orders with intensive supervision and surveillance.

76. Youth rehabilitation orders with fostering.

77. Persistent offenders.

78. Matters which the court must consider.

79. Operation in conjunction with other orders.

80. Concurrent and consecutive orders.

81. Time limits for compliance with requirements.

82. Periodical review of orders.

83. Duty to give warning and subsequent breach.

84. Issue of summons or warrant.

85. Powers of magistrates' court.

86. Powers of Crown Court.

87. Revocation of order by magistrates' court or youth court.

88. Revocation of order by Crown Court.

89. Amendment by magistrates' court or youth court by reason of change of residence.

90. Amendment by Crown Court by reason of change of residence.

91. Extension of unpaid work requirement.

92. Supplementary.

93. Powers of magistrates' courts.

94. Powers of Crown Court.

95. Supervision arrangements.

96. Making of order in respect of offender residing in Northern Ireland.

97. Amendment of order in respect of offender residing in Northern Ireland.

98. Status of transferred order.

99. Powers of home courts.