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Section history

Section 337 — Community orders

Consolidated view is experimental and may be broken for certain provisions.

Amendments
337.Community orders

(1)Subject to subsections (2) and (3), a court shallmust not exercise any of its powers under this Part to make any community order in respect of —

(a)an offence for which the sentence is fixed by law;

Paragraph (b) — Original text to 31 October 2018superseded

(b)an offence for which a specified minimum sentence or mandatory minimum sentence of imprisonment or fine or caning is prescribed by law;

Paragraph (b) — From 31 October 2018 (current)restructured by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018

(b)an offence for which any of the following is prescribed by law:

(i)a specified minimum sentence of imprisonment or caning;

(ii)a mandatory minimum sentence of imprisonment, fine or caning;

(c)an offence which is specified in the Third Schedule to the Registration of Criminals Act (Cap. 268);1949;

(d)a person who had previously been sentenced to a term of imprisonment exceeding 3 months, other than a term of imprisonment served by him or her in default of payment of a fine;

(e)a person who had previously been sentenced to reformative training, corrective training or preventive detention;

(f)a person who had previously been detained or subject to police supervision under section 3030(1) of the Criminal Law (Temporary Provisions) Act (Cap. 67);1955;

Paragraph (g) — Original text to 31 October 2018superseded

(g)a person who had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act (Cap. 185) or to an approved centre under section 17 of the Intoxicating Substances Act (Cap. 146A);

Paragraph (g) — From 31 October 2018 (current)restructured by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018

(g)a person who has been admitted —

(i)at least twice to an approved institution under section 34 of the Misuse of Drugs Act (Cap. 185)1973 (called in this section an approved institution);

(ii)at least twice to an approved centre under section 17 of the Intoxicating Substances Act (Cap. 146A)1987 (called in this section an approved centre); or

(iii)at least once to an approved institution, and at least once to an approved centre;

(ga)an offence under the Misuse of Drugs Act,Act 1973, the Misuse of Drugs Regulations (Cap. 185, Rg 1) or the Intoxicating Substances Act,Act 1987, if the offender had previously been admitted to an approved institution or an approved centre;

(h)an offence which is punishable with a fine onlya fine-only offence; or

(i)an offence which is punishable with a term of imprisonment which exceeds 3 years.

(2)A court may not make a mandatory treatment order in respect of any case referred to in subsection (1) except that it may do so under section 339 even if the offender —

(a)had previously been sentenced to a term of imprisonment, whether or not it is a term of imprisonment served by him in default of payment of a fine; oris a person mentioned in subsection (1)(d) or (g);

(b)had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act (Cap. 185) or to an approved centre under section 17 of the Intoxicating Substances Act (Cap. 146A).Act.is convicted of an offence under the Misuse of Drugs Act,Act 1973, the Misuse of Drugs Regulations or the Intoxicating Substances Act,Act 1987, after having previously been admitted to an approved institution or an approved centre; or

(c)is convicted of an offence that is punishable with imprisonment for a term exceeding 3 years but not exceeding 7 years, and is prescribed.

(3)A court may not make a community work order in respect of any case referred to in subsection (1) except that it may do so under section 344 even if the offender is convicted of ––

(a)an offence which is punishable with a fine onlya fine-only offence; or

(b)an offence for which a specified minimum sentence of fine or a mandatory minimum sentence of fine is prescribed by law.

(4)If an offender convicted of 2 or more offences is sentenced at the same court proceeding for those offences, a court shallmust not pass a community sentence if any of those offences relate to an offence in respect of which the powers to make community orders conferred by this Part cannot be exercised by the court.

(5)Subject to section 344(11)(b), a community sentence passed by a court in respect of any offence shall beis in lieu of any sentence of imprisonment, caning and fine which the court may impose for that offence.

(6)Despite subsection (5), before a court passes a community sentence in respect of any offence, the court may —

(a)impose on the offender any sentence of imprisonment that is provided for that offence; and

(b)suspend, for the period when any community order made in respect of that offence is in force, the sentence of imprisonment that is imposed for that offence.

(7)Where the court sentences an offender under subsection (6)(a) to imprisonment for at least 3 distinct offences, the court must, in accordance with section 307(1), order the sentences for at least 2 of those offences to run consecutively, before the court —

(a)passes a community sentence in respect of all of those offences; and

(b)suspends under subsection (6)(b) all of those sentences of imprisonment.

(8)Subject to subsection (7), where the court sentences an offender under subsection (6)(a) to imprisonment for 2 or more distinct offences, the court may, in accordance with section 306, direct the sentences for those offences to run consecutively or concurrently, before the court —

(a)passes a community sentence in respect of all of those offences; and

(b)suspends under subsection (6)(b) all of those sentences of imprisonment.

(9)Where a sentence of imprisonment imposed on an offender for an offence is suspended under subsection (6)(b) for the period when a community order made in respect of that offence is in force, the court must lift the suspension and direct that the sentence of imprisonment be carried out, if that community order is revoked under section 352(5)(c) or 354(6)(a) or (7)(a).

(10)Despite section 377(2), where —

(a)a court directs under subsection (9) that a sentence of imprisonment, which was suspended under subsection (6)(b), be carried out; and

(b)no notice of appeal was lodged by any party against the sentence of imprisonment when the sentence was imposed under subsection (6)(a),

a party who is not satisfied with the sentence of imprisonment may lodge with the Registrar of the Supreme Court (if the sentence was imposed by the General Division of the High Court) or the Registrar of the State Courts (if the sentence was imposed by a State Court) a notice of appeal against the sentence of imprisonment within 14 days after the date of the court’s direction under subsection (9).

(11)Except as provided in subsection (10), Division 1 of Part XX20 applies to an appeal commenced under that subsection as if the notice of appeal had been lodged in accordance with section 377(2).