Powers of Criminal Courts (Sentencing) Bill [H.L.]

Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued	House of Commons
PART IV, COMMUNITY ORDERS AND REPARATION ORDERS - continued

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	CHAPTER III
	COMMUNITY ORDERS AVAILABLE ONLY WHERE OFFENDER AGED 16 OR OVER
	Probation orders
Probation orders.	41. - (1) Where a person aged 16 or over is convicted of an offence and the court by or before which he is convicted is of the opinion that his supervision is desirable in the interests of-
	(a) securing his rehabilitation, or
	(b) protecting the public from harm from him or preventing the commission by him of further offences,
	the court may (subject to sections 34 to 36 above) make an order requiring him to be under supervision for a period specified in the order of not less than six months nor more than three years.
	(2) An order under subsection (1) above is in this Act referred to as a "probation order".
	(3) A probation order shall specify the petty sessions area in which the offender resides or will reside.
	(4) If the offender is aged 18 or over at the time when the probation order is made, he shall, subject to paragraph 18 of Schedule 3 to this Act (offender's change of area), be required to be under the supervision of a probation officer appointed for or assigned to the petty sessions area specified in the order.
	(5) If the offender is aged under 18 at that time, he shall, subject to paragraph 18 of Schedule 3, be required to be under the supervision of-
	(a) a probation officer appointed for or assigned to the petty sessions area specified in the order; or
	(b) a member of a youth offending team established by a local authority specified in the order;
	and if an order specifies a local authority for the purposes of paragraph (b) above, the authority specified must be the local authority within whose area it appears to the court that the offender resides or will reside.
	(6) In this Act, "responsible officer", in relation to an offender who is subject to a probation order, means the probation officer or member of a youth offending team responsible for his supervision.
	(7) Before making a probation order, the court shall explain to the offender in ordinary language-
	(a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 42 below);
	(b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of the requirements of the order; and
	(c) that the court has power (under Parts III and IV of that Schedule) to review the order on the application either of the offender or of the responsible officer.
	(8) On making a probation order, the court may, if it thinks it expedient for the purpose of the offender's reformation, allow any person who consents to do so to give security for the good behaviour of the offender.
	(9) The court by which a probation order is made shall forthwith give copies of the order to-
	(a) if the offender is aged 18 or over, a probation officer assigned to the court, or
	(b) if the offender is aged under 18, a probation officer or member of a youth offending team so assigned,
	and he shall give a copy to the offender, to the responsible officer and to the person in charge of any institution in which the offender is required by the order to reside.
	(10) The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area-
	(a) a copy of the order; and
	(b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
	(11) An offender in respect of whom a probation order is made shall keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and shall notify him of any change of address.
Additional requirements which may be included in probation orders.	42. - (1) Subject to subsection (3) below, a probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of-
	(a) securing the rehabilitation of the offender; or
	(b) protecting the public from harm from him or preventing the commission by him of further offences.
	(2) Without prejudice to the generality of subsection (1) above, the additional requirements which may be included in a probation order shall include the requirements which are authorised by Schedule 2 to this Act.
	(3) Without prejudice to the power of the court under section 130 below to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a probation order.
Breach, revocation and amendment of probation orders.	43. Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to probation orders.
Offenders residing in Scotland or Northern Ireland.	44. Schedule 4 to this Act (which makes provision for and in connection with the making and amendment in England and Wales of certain community orders relating to persons residing in Scotland or Northern Ireland) shall have effect so far as relating to probation orders.
Probation orders: supplementary.	45. - (1) The Secretary of State may by order direct that subsection (1) of section 41 above shall be amended by substituting, for the minimum or maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.
	(2) An order under subsection (1) above may make in paragraph 19(2)(a) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.
	Community service orders
Community service orders.	46. - (1) Where a person aged 16 or over is convicted of an offence punishable with imprisonment, the court by or before which he is convicted may (subject to sections 34 to 36 above) make an order requiring him to perform unpaid work in accordance with section 47 below.
	(2) An order under subsection (1) above is in this Act referred to as a "community service order".
	(3) 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 than 240.
	(4) A court shall not make a community service order in respect of an offender unless, after hearing (if the court thinks it necessary) an appropriate officer, the court is satisfied that the offender is a suitable person to perform work under such an order.
	(5) In subsection (4) above "an appropriate officer" means-
	(a) in the case of an offender aged 18 or over, a probation officer or social worker of a local authority social services department; and
	(b) in the case of an offender aged under 18, a probation officer, a social worker of a local authority social services department or a member of a youth offending team.
	(6) A court shall not make a community service order in respect of an offender unless it 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.
	(7) Subsection (6) above has effect subject to paragraphs 3 and 4 of Schedule 4 to this Act (transfer of order to Scotland or Northern Ireland).
	(8) Where a court makes community service orders in respect of two or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum specified in subsection (3)(b) above.
	(9) A community service order-
	(a) shall specify the petty sessions area in which the offender resides or will reside; and
	(b) where the offender is aged under 18 at the time the order is made, may also specify a local authority for the purposes of section 47(5)(b) below (cases where functions are to be discharged by member of a youth offending team);
	and if the order specifies a local authority for those purposes, the authority specified must be the local authority within whose area it appears to the court that the offender resides or will reside.
	(10) Before making a community service order, the court shall explain to the offender in ordinary language-
	(a) the purpose and effect of the order (and in particular the requirements of the order as specified in section 47(1) to (3) below);
	(b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of those requirements; and
	(c) that the court has power (under Parts III and IV of that Schedule) to review the order on the application either of the offender or of the responsible officer.
	(11) The court by which a community service order is made shall forthwith give copies of the order to-
	(a) if the offender is aged 18 or over, a probation officer assigned to the court, or
	(b) if the offender is aged under 18, a probation officer or member of a youth offending team so assigned,
	and he shall give a copy to the offender and to the responsible officer.
	(12) The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area-
	(a) a copy of the order; and
	(b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
	(13) In this section and Schedule 3 to this Act "responsible officer", in relation to an offender subject to a community service order, means the person mentioned in subsection (4)(a) or (b) or (5)(b) of section 47 below who, as respects the order, is responsible for discharging the functions conferred by that section.
Obligations of person subject to community service order.	47. - (1) An offender in respect of whom a community service order is in force shall-
	(a) keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer and notify him of any change of address; and
	(b) perform for the number of hours specified in the order such work at such times as he may be instructed by the responsible officer.
	(2) The instructions given by the responsible officer under this section shall, as far as practicable, be such as to avoid-
	(a) any conflict with the offender's religious beliefs or with the requirements of any other community order to which he may be subject; and
	(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
	(3) Subject to paragraph 22 of Schedule 3 to this Act (power to extend order), the work required to be performed under a community service order shall be performed during the period of twelve months beginning with the date of the order; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.
	(4) If the offender is aged 18 or over at the time when the order is made, the functions conferred by this section on "the responsible officer" shall be discharged by-
	(a) a probation officer appointed for or assigned to the petty sessions area specified in the order; or
	(b) a person appointed for the purposes of this section by the probation committee for that area.
	(5) If the offender is aged under 18 at that time, those functions shall be discharged by-
	(a) a person mentioned in subsection (4)(a) or (b) above; or
	(b) a member of a youth offending team established by a local authority specified in the order.
	(6) The reference in subsection (4) above to the petty sessions area specified in the order and the reference in subsection (5) above to a local authority so specified are references to the area or an authority for the time being so specified, whether under section 46(9) above or by virtue of Part IV of Schedule 3 to this Act (power to amend orders).

Prepared 19 April 2000