West Law Report

Length of community order

Posted in Times Law Report by mrkooenglish on December 5, 2008

From The Times
December 4, 2008
Length of community order

Court of Appeal, Criminal Division
Published December 5, 2008
Regina v Davison

The length of a community order was not necessarily governed by how long it took the offender to carry out a specified task.

The Court of Appeal, Criminal Division (Lord Justice Moses, Mr Justice Burnett and Judge Morris, QC) so held on November 3, 2008, when dismissing an appeal by Anthony Vincent Davison against notification requirements imposed alongside his sentence of a community order by Judge Lunt at Preston Crown Court on June 27, 2008.

JUDGE MORRIS said that the period specified under section 177(5) of the Criminal Justice Act 2003 by a court, when imposing a community order of at least 12 months, was the relevant period for the purposes of determining the duration of the order under paragraph 18(b)(ii)(c) of Schedule 3 to the Sexual Offences Act 2003, however long, in fact, it took the offender to carry out the section 177(1) requirements under the order.

That was contrary to the decision in the Court of Appeal, Criminal Division, in R v Odam (\ EWCA Crim 1087) which held that a community order consisting solely of an unpaid work requirement came to an end when the work was completed, pursuant to section 200(3) of the 2003 Act, rather than at the end of the period imposed by the court when the requirements had to have been complied with, pursuant to section 177(5), with the result that the defendant was not subject to the notification requirements under section 80.

But in that case, the trial judge had not indicated the duration of the community order and the court had not benefited from written and oral submissions by counsel.

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