Navigating Community Orders: A Lifeline for Motor Offenders

When it comes to motoring offences, understanding the alternative to custodial sentences, namely community orders, is crucial. Originating from the Probation of Offenders Act 1907, community orders stand as a beacon of hope for those aiming to rehabilitate and reintegrate into society without the stain of imprisonment. Updated and meticulously detailed in the Sentencing Act 2020, these orders offer a personalised approach to punishment and rehabilitation, tailored to prevent reoffending.

Community orders are a form of non-custodial sentence that encompasses one or more specific requirements. These orders are designed with dual objectives: to serve as a punishment and to rehabilitate the offender, thus reducing the risk of future offences. One of the key benefits of community orders from the perspective of the court, lies in their versatility, allowing for a tailored sentence that resonates with the individual’s needs and circumstances.

The requirements of a community order can vary significantly, ranging from unpaid work to rehabilitation activities, curfews, and even treatment for substance abuse. Each requirement is chosen carefully, ensuring it addresses the root causes of the offender’s behaviour, with the ultimate aim of facilitating positive change.

Community orders are typically reserved for offences that warrant a sentence beyond a fine but are considered not severe enough for prison time. This threshold ensures that prison sentences are preserved for the most serious offences. In the context of motor offences, community orders can be an effective tool, provided the offence has the possibility of a prison sentence but doesn’t cross the custody threshold based on the circumstances.

Common community orders include:

• An unpaid work requirement (this includes work such as picking up litter, gritting snow, redecorating scout halls, schools, day centres, care homes etc for between 40 and 300 hours of unpaid work to be completed within 12 months).
• A rehabilitation activity requirement RAR (this requires an offender to participate in activity which reduces the prospect of reoffending. The court does not specify the nature of the activity to be undertaken but must specify the maximum number of days of activity).
• A programme requirement (the offender is required to attend a particular programme that looks to address their offending behaviour – for example, sex offenders may be required to attend a sex offending programme).
• A prohibited activity requirement (the offender is prohibited from certain activities related to their offending – for a period of up to three years).
• A curfew requirement (the offender must stay within a specified place, usually their own home, for 2 – 20 hours in any 24 hours; a maximum of 112 hours in any period of 7 days. The curfew is electronically monitored with the offender being required to wear a tag).
• An exclusion requirement (the offender is excluded from entering a specified place/area for up to two years).
• A residence requirement (the offender must reside at a specified place for up to three years).
• A foreign travel prohibition requirement (the offender is prohibited from travelling abroad for up to 12 months. The prohibition can apply to named countries, to specific days or dates, can allow travel to some destinations but not others or can ban foreign travel altogether).
• A mental health treatment requirement (the offender may be required to undergo treatment for a mental health problem but must consent to doing so. The maximum duration of this requirement is three years).
• A drug rehabilitation requirement (the offender is required to have treatment to address their drug misuse and must provide samples for testing when requested. The offender must consent to the order and the duration of this requirement is between six months and three years, where testing has already been undertaken as part of a treatment intervention, further testing may not be necessary for that particular week).
• An alcohol treatment requirement (either as a resident at an institution or non-resident, obliges the offender to submit to treatment by or under the direction of a specified person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on alcohol).
• Alcohol abstinence and monitoring requirement (This is used when the offence is related to alcohol misuse. The AAMR involves fitting a tag to the offender’s ankle and monitoring their alcohol consumption for up to 120 days, the offender must attend treatment to reduce or eliminate dependency on alcohol. The offender must consent to the order. This requirement is not suitable for alcohol dependent offenders and so AAMR should not be carried out with an ATR).

These components are meticulously combined to craft a sentence that not only punishes but paves the way for genuine rehabilitation.

It’s crucial to understand that flouting the terms of a community order carries significant consequences. Persistent non-compliance can lead to the revocation of the order and potentially result in a custodial sentence. Therefore, adherence is not just recommended; it’s imperative for a positive outcome.

The courts can only impose community orders on offenders found guilty of an offence which is imprisonable, however in practice does not pass the custody threshold. This threshold test does not have a clear definition; it is in place simply to reserve prison sentences for the more serious offences.

The Sentencing Act 2020 states that community order is only available when the offence/combination of the offence and other offences associated with it, are serious enough to warrant the making of such an offence. The Sentencing Council outlines guidance that even when the court has determined that the offence has passed the community sentence threshold, all possible sentences should be considered; hence a fine and a discharge will also be considered for such offences.

If the offence is not punishable by imprisonment (such as speeding, no insurance, using a mobile phone whilst driving, failure to provide driver details, careless driving or driving otherwise than in accordance with licence), then a community order is not available to the court. A community order is also not available when the offence carries a mandatory custodial sentence. A community order may not be imposed in respect to an offence on which a suspended order is imposed. A suspended sentence cannot be imposed as a more severe form of community order. A suspended sentence is a custodial sentence – a community order is not.

When the court determines that a community order may be the suitable sentence for the offence(s), they should request a pre-sentence report. These reports are produced by a probation officer, following an interview with the offender. These reports help the court decide whether a community order is suitable and which requitement(s) are the most appropriate for an offender.

The court does usually follow a probation officer’s recommendation but they do not have to as recommendations in a probation report are not binding on the court.