(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).
Commencement Information
I1S. 202 in force at 1.12.2020 by S.I. 2020/1236, reg. 2