Community Orders, Requirements and Breach

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“A Community Order is a non-custodial sentence with one or more specific requirements which can be tailored for the purposes of punishment and/or to meet the needs of a defendant to overcome problems and avoid committing offences in the future.”

On this page:

What is a Community Order?
When can a Community Order be imposed?
What requirements can be attached to a Community Order?
Breach of a Community Order Requirement
Committing further offences during a Community Order
Applying for Revocation of a Community Order or Re-sentence
What is the difference between a Community Order and a Suspended Sentence?

What is a Community Order?

A Community Order is a non-custodial sentence with one or more specific requirements which can be tailored for the purposes of punishment and/or to meet the needs of a defendant to overcome problems and avoid committing offences in the future.

There are multiple possible requirements which can be attached to a community order.

Read on for when a community order can be imposed, the requirements that can be attached, the consequences of breach and the differtence between a community order and a suspended sentence (which will usually have identical conditions attached).

When can a Community Order be imposed?

Community orders can only be imposed for imprisonable offences when the Judge/magistrates consider that the offence (or the offence and any associated offence) is ‘serious enough’ to justify the imposition of a community order (s.204 Sentencing Act 2020).

As such, they are imposed as an alternative to a custodial sentence where the offence is not considered so serious that only imprisonment can be justified.

If the offence is not considered serious enough, then a lesser penalty such as a Fine or an Absolute or Conditional Discharge should be imposed.

Pleading guilty can make the difference between a custodial sentence and a community order being imposed due to credit for a guilty plea.

Sentencing Guidelines

Judges and magistrates will go through a step-by-step process set out in the Sentencing Guideline for a specific offence, to consider the circumstances of the offence and of the offender and to enable them to determine whether a Community Order is a suitable sentence in all the circumstances.

The Overarching Sentencing Guideline Imposition of community and custodial sentences is for use together with Sentencing Guidelines for specific offences (or where no offence-specific guideline exists) and sets out the approach to be adopted when sentencing a defendant to a custodial sentence or community order.

“Community orders can fulfil all of the purposes of sentencing. In particular, they can have the effect of restricting the offender’s liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities.”

Imposition of community orders, General principles - Overarching Sentencing Guideline on Imposition of community and custodial sentences.

Suitability

Community orders must be suitable for the particular defendant and the resulting restriction of liberty must be commensurate with the seriousness of the offence.

To assess suitability, the court will invariably obtain a Pre-Sentence Report (PSR) before sentence. The probation officer will not only consider if a Community Order is a suitable sentence for the defendant, but also those requirements that would reduce the risk of re-offending in the defendant’s particular circumstances.

Although community orders are available for most imprisonable offences, there are some exceptions such as murder (which requires a life sentence) or where mandatory minimum terms apply, such as for a third conviction for a domestic burglary.