Community order requirements


Published by a 老司机午夜福利 Corporate Crime expert
Practice notes

Community order requirements


Published by a 老司机午夜福利 Corporate Crime expert

Practice notes
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This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2鈥13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code.

Community orders鈥攁vailability

Community order requirements are set out in the Sentencing Code at SA 2020, ss 200, 201 as well as SA 2020, Sch 9.

In the Sentencing Code, the term 鈥榗ommunity order鈥 is defined as meaning an order imposing one or more community order requirements (see below: Community order requirements).

A community order must impose at least one community order requirement for the purposes of punishment unless the court also imposes a fine or there are exceptional circumstances relating to the offence or to the offender which would make it unjust in all the circumstances for the court to impose a requirement for the purposes of punishment in the particular case, and would also make it unjust in all the circumstances for the court to impose a fine.

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Key definition:
Requirements definition
What does Requirements mean?

A DCO should include 鈥淩equirements鈥 to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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