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community punishment and rehabilitation order


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Although s 35(2) of the Powers of the Criminal Courts (Sentencing) Act 2000 prevents a court imposing both a community punishment and a community rehabilitation order for the same offence, s 51(1) of the Act provides that where the court is dealing with an offender who has attained the age of 16 and who has been convicted of a criminal offence, the court may make a community punishment and rehabilitation order (formerly known as a combination order). The effect of the order is that the offender is under the supervision of a probation officer (or member of a youth offending team if he is under 18 years of age) for a period which must be between twelve months and three years; and is required to perform unpaid work for a specified number of hours, which must be between 40 and 100 hours.

Such an order can only be made if the court is of the view that it is desirable so to do in the interests of securing the rehabilitation of the offender or of protecting the public from harm by preventing him from committing further offences. The order is only available in respect of an offence committed before 4 April 2005 (4 April 2007 in respect of a person aged 16 or 17). Offences committed after those dates fall to be dealt with under the community order provisions introduced by pt 12 of the Criminal Justice Act 2003.

Subjects: Law.


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