Crime and Courts Act 2013 (c. 22)

SCHEDULES

SCHEDULE 16 Dealing non-custodially with offenders

Part 1 Community orders: punitive elements

2 In section 177 (community orders) after subsection (2) insert—

“(2A) Where the court makes a community order, the court must—

(a) include in the order at least one requirement imposed for the purpose of punishment, or

(b) impose a fine for the offence in respect of which the community order is made, or

(c) comply with both of paragraphs (a) and (b).

(2B) Subsection (2A) does not apply where there are exceptional circumstances which—

(a) relate to the offence or to the offender,

(b) would make it unjust in all the circumstances for the court to comply with subsection (2A)(a) in the particular case, and

(c) would make it unjust in all the circumstances for the court to impose a fine for the offence concerned.”