Breach of a community order

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Breach of a community order
  • Breach of a community order
  • Breach of a community order—the initial 'warning'
  • Failure to comply after 'warning'
  • Securing the offender’s attendance at court
  • Procedure in breach proceedings
  • Reasonable excuse
  • Powers of the court on breach of a community order
  • Guidance on sentencing for breach of a community order

Breach of a community order

This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code.

Breach of a community order

Schedule 10 of SA 2020 governs to what happens if there is a breach of a community order imposed by a magistrates' court or Crown Court as well as revocation and amendment of community orders. For further information on amending or revoking a community order, see Practice Note: Amendment and revocation of community orders.

A breach of a 'community order' will occur if an offender has failed without reasonable excuse to comply with any of the requirements of the order imposed by the court. This includes the requirement to keep in touch with their ‘responsible officer’ and not to move home without their consent or further order of the court (as applicable).

The individual and general requirements of a community order are covered in more detail in Practice Note: Community order requirements.

An officer of a public sector provider of probation services will be responsible for discharging the enforcement functions under the order (enforcement officer). In some circumstances, they will bring proceedings against an offender for breach of a

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