What happens if you breach your community order?

What happens if you breach your community order?

Where a magistrates’ court is dealing with a breach of a community order imposed by the Crown Court, the magistrates’ court may impose a fine or more onerous requirements; otherwise it may commit the offender to custody, or release the offender on bail, until the offender can be brought or appear before the Crown Court …

Can a community order be suspended?

If a Community Order is breached, the court can amend it by making it more onerous, or it can revoke and resentence, which may mean custody, even where the original offence was not punishable by imprisonment.

What happens if I breach my suspended sentence?

If the defendant breaches the terms of the suspended sentence, or commits another offence, they are likely to be sent to prison to serve the original prison term imposed. A suspended sentence may be accompanied by a fine, but the court cannot impose a community sentence at the same time as suspending a prison sentence.

What is a breach of CCO?

A person will be in breach of a Community Correction Order if they are charged with committing a further offence, or detected for failing to comply with an additional condition, while the Order is in place. If a Court believes a breach has occurred, then the court can call upon the offender to appear before the Court.

What does it mean to revoke suspended sentence?

probation
If a person serving a suspended sentence violates the terms of probation, the court can revoke the suspended sentence and require the defendant to serve the remainder of the sentence in jail or prison.

Is jail a last resort?

[3-300] Imprisonment as a sanction of last resort. Section 5(1) Crimes (Sentencing Procedure) Act 1999 provides that a court must not sentence an offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate.

What is the maximum penalty for breach of a civil order?

Breach of full or interim order, without reasonable excuse, is a criminal offence which may be tried either summarily or on indictment with a maximum penalty on indictment of five years’ imprisonment.

How long is a high level community order?

Community orders can last for up to 3 years and must include at least one specific requirement in the list below, but sometimes there can be a number of such requirements combined within a community order.

Is breach of criminal Behaviour order arrestable?

Criminal Behaviour Order (CBO) A Breach of these orders is also an arrestable offence and grounds for absolute possession.

What happens if you breach a bail order?

If you breach your bail by failing to appear at court, an arrest warrant may be issued by the court. An arrest warrant gives the police the authority to arrest you and keep you in custody until you are brought before the court. You must be brought before the court as soon as practicable.

Can a bail condition include a no contact order?

If the complainant is contacting you and you have a no contact or communication order you must ignore all communication by the complainant. Otherwise you will put yourself at risk of breaching your bail conditions. One of your bail conditions may be a no contact order. You’re not allowed to contact the person named in the order.

Can a breach of a community order be a further offence?

A conviction for a further offence does not constitute a breach of a community order. However, in such a situation, the court should consider the following guidance from the Totality guideline:

Can a police officer impose conditions on bail?

The police and courts can impose any requirements which are necessary to make sure that defendants attend court and do not commit offences or interfere with witnesses whilst on bail. Conditions can also be imposed for the defendant’s own protection or welfare (where he is a child or young person).