CLP 6 Non-custodial

Question 1

What is a bind over

Answer 1

• Mag or CC
• doesn’t need a guilty plea
• keep the peace or pay money

Question 2

What is a Conditional Discharge

Answer 2

• Mag and CC
• If commit further offence in relevant period, they can be resentenced
• Max 3 years

Question 3

What is required of the offence in order for a community order to be given?

Answer 3

• The offender must be over 18 and the offence must be punishable with imprisonment.
• must be serious enough

Question 4

What is the maximum length of a community order?

Answer 4

3 years

Where a defendant completes their order within the time period specified, they or the Probation Service may apply for the order to be discharged.

Question 5

Community Order
What are the restrictions on unpaid work

Answer 5

• 40 - 300 hours
• completed within 12 months

Question 6

Community Order
What are the restrictions on a curfew requirement?

Answer 6

• 2-16 hours in any 24 hours;
• max term 12 months

Question 7

Community Order
What are the restrictions on a exclusion order?

Answer 7

Max 2 years

Question 8

Community Order
What are the restrictions on a Foreign travel prohibition requirement

Answer 8

Max 12 months

Question 9

Community Order
What are the restrictions on a No Alcohol

Answer 9

Maximum of 120 days

Question 10

Community Order
What are the restrictions on a Attendance Centre requirement

Answer 10

• For defendants 18–24 only
• between 12 & 36 hours

Question 11

What are the initial consequences of a breach of community order?

Answer 11

If an offender fails without reasonable excuse;
- warned
- If they fail again, breach proceedings must be instituted against the offender.

Question 12

What happens in court if proceedings are brought against an offender for breach of a community order?

Answer 12

brought back to court and have the breach put to them.
They can either:

• admit or deny the breach;
• if deny, the court will hold a trial as to whether there was a failure without reasonable excuse.

Question 13

What happens if an offender is found to have breached community order?

Answer 13

Court MUST chose from the below;

• make more onerous.
• Fine up to £2,500.
• re-sentence

Question 14

Following a breach, how can the court extend the period of the community order?

Answer 14

• extend once only
• up to six months beyond the usual three-year limit if necessary.

Question 15

What happens if an offender is found to have breached community order and the court re-sentences the offender?

Answer 15

• sentence not exceeding six months,

(even in respect of an offence which was not an offence punishable with imprisonment)