Criminal Justice (Sentencing etc) Bill

Community requirements

8 - Community requirements

8.—(1) A community requirement is a requirement that may be authorised under—

(a) Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (requirements as to residence, activities etc),

(b) Chapter 5 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (curfew or electronic monitoring requirements), or

(c) Schedule 1 (unpaid work requirement).

(2) For the purposes of this Part, Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 applies in relation to a suspended sentence order as it applies in relation to a probation order made under Article 9 of that Order.

(3) In its application to a suspended sentence order, that Schedule has effect as if—

(a) the references to a probation order were references to a suspended sentence order,

(b) the references to the probation period were references to the supervision period, and

(c) the references to the probation officer responsible for his supervision were references to the responsible officer.

9 - Exercise of power to impose community requirements

9.—(1) This section applies where a court intends to make a suspended sentence order which imposes community requirements.

(2) The power to impose a particular community requirement is subject to the provision authorising the requirement (see section 8(1)).

(3) If the suspended sentence order imposes two or more different community requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.

(4) The court must also ensure, so far as practicable, that any community requirement imposed by a suspended sentence order is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any conflict with any other court order to which the offender may be subject, and

(c) any interference with the times, if any, at which the offender normally—

(i) works, or

(ii) attends any educational establishment.

10 - Requirement to obtain pre-sentence report

10.—(1) Before deciding whether to make a suspended sentence order which imposes community requirements, the court must obtain and consider a pre-sentence report.

(2) But subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.

(3) Where a court is of the opinion that it is unnecessary to obtain a pre-sentence report, it must state in open court—

(a) that it is of that opinion, and

(b) the circumstances of the case that have led it to that form that opinion.

(4) Where a court does not obtain a pre-sentence report before deciding whether to make a suspended sentence order which imposes one or more community requirements, the order is not invalidated by the fact that the court did not do so.

(5) Any court on an appeal against a sentence in relation to which a suspended sentence order has been made must—

(a) subject to subsection (6), obtain a pre-sentence report if none was obtained by the court below, and

(b) consider any such report obtained by it or by that court.

(6) The court need not obtain a pre-sentence report if the court is of the opinion—

(a) that the court below was justified in not obtaining a pre-sentence report,

or

(b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.

(7) In this section, “pre-sentence report” means a report in writing which —

(a) with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by a probation officer or a social worker of an authorised HSC trust, and

(b) contains information as to such matters, presented in such manner, as may be prescribed by regulations made by the Department.

(8) Regulations under subsection (7) are subject to negative resolution.

SCHEDULE 1
 

SUSPENDED SENTENCE ORDERS: UNPAID WORK REQUIREMENT

Requirement and obligation of offender 

1.—(1) A suspended sentence order may include a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to—

(a) the work to be performed, and

(b) the times at which the offender is to perform it.

(2) The unpaid work must be performed during the period of 1 year beginning with the date of the order, but this is subject to paragraph 19 of Schedule 2 (extension of unpaid work requirement).

(3) The instructions given by a responsible officer under this paragraph must, so far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs,

(b) any conflict with any other court order to which the offender may be subject, and

(c) any interference with the times, if any, at which the offender normally—

(i) works, or

(ii) attends any educational establishment.

Number of hours of unpaid work to be specified in order

2.—(1) The number of hours which an offender may be required to work under an unpaid work requirement must—

(a) be specified in the order, and

(b) in aggregate, be—

(i) not less than 40, and

(ii) not more than 240.

(2) Sub-paragraph (1)(b)(ii) is subject to—

(a) paragraph 12(4) of Schedule 2 (breach of suspended sentence order: power to impose unpaid work requirement);

(b) paragraph 17(3) of Schedule 2 (amendment of suspended sentence order: power to amend community requirements).

(3) Sub-paragraphs (4) and (5) apply where the court—

(a) makes suspended sentence orders in respect of two or more offences of which the offender is convicted on the same occasion, and 

(b) includes unpaid work requirements in each of them.

(4) The court may direct that the hours of work specified in any of those requirements is to be concurrent with or additional to those specified in any of those orders. 

(5) But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).

Restriction on imposing unpaid work requirement

3.—(1) A court must not specify an unpaid work requirement in a suspended sentence order unless it is satisfied that—

(a) the offender is a suitable person to perform work under such a requirement, and

(b) provision can be made by the Probation Board for the offender to do so.

(2) In making a decision under sub-paragraph (1)(a), if the court thinks that it is necessary to do so, the court must hear a probation officer.