THIRD GROUP OF PARTSDisposals

PART 9Community sentences

CHAPTER 2Community orders

Availability

I1202Community order: availability

1

A community order is available to a court by or before which an offender is convicted of an offence if—

a

the offender is aged 18 or over when convicted, and

b

the offence is punishable with imprisonment by that court.

2

Subsection (1) is subject to—

a

subsection (3),

b

section 203 (restriction on making both community order and suspended sentence order), and

c

section 37(8) of the Mental Health Act 1983 (community order not to be made in combination with hospital order or guardianship order in respect of same offence).

3

A community order is not available in respect of an offence in relation to which a mandatory sentence requirement applies (see section 399).

But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).

I2C2C3C1203Restriction on making both community order and suspended sentence order

A court may not make a community order in respect of an offence if it makes a suspended sentence order in respect of—

a

the offence,

b

any other offence of which the offender is convicted by or before it, or

c

any other offence for which it deals with the offender.