C1Part 9Sentencing: Principles and Procedures

Annotations:
Modifications etc. (not altering text)

Chapter 2Principles and Procedures applying to Service Courts Only

Community punishments

I1I2270Community punishments: general restrictions etc

1

A court must not award a community punishment in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a punishment.

2

Where a court awards a community punishment—

a

the particular requirement (or requirements) included in the order must be such as the court considers the most suitable for the offender; and

b

the restrictions on liberty imposed by the order must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.

F32A

Subsection (2) is subject to F4section 208(10) and (11) of the Sentencing Code (community orders: punitive elements) as applied by F5section 178(3) and section 182(3A).

3

In forming any such opinion as is mentioned in subsection (1) or (2)(b), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.

4

In forming an opinion for the purposes of subsection (2)(a) the court may take into account any information about the offender which is before it.

5

In determining the restrictions on liberty to be imposed by a community punishment in respect of an offence, the court may have regard to any period for which the offender has, since being charged with the offence or any related offence, been kept in service custody in connection with the offence or any related offence.

6

In subsection (5) “related offence” has the meaning given by section 247.

F16A

The fact that by virtue of any provision of this section—

a

a community punishment may be awarded in respect of an offence, or

b

particular restrictions on liberty may be imposed by a community punishment,

does not require a court to award such a punishment or to impose those restrictions.

F27

Subsections (1) and (2)(b) are subject to section 270A.