Community sentences

Overview

You may get a community sentence if you’re convicted of a crime by a court but are not sent to prison.

You may have to do unpaid work in your local community, like removing graffiti. This is called Community Payback.

Community sentences can be given for crimes such as:
damaging property
benefit fraud
assault

You may get a community sentence if:

the court thinks you’re more likely to stop committing crime than if you go to prison
it’s the first time you have committed a crime
you have a mental health condition that affects your behaviour

The rules are different in Scotland.
https://www.gov.uk/community-sentences

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Custodial sentences are reserved for the most serious offences and are imposed when the offence committed is “so serious that neither a fine alone nor a community sentence can be justified for the offence” (section 152(2) of the Criminal Justice Act 2003).

A custodial sentence may also be imposed where the court believes it is necessary to protect the public. The length of the sentence depends on the the seriousness of the offence and the maximum penalty for the crime allowed by law.

There are also some minimum sentences that have been introduced by Parliament for some serious offences unless there are exceptional circumstances:

a minimum sentence of seven years’ imprisonment for a third Class A drug trafficking offence and three years for a third domestic burglary;
a minimum sentence of five years for certain firearms offences; and
a minimum sentence of five years for using someone to mind a weapon.
https://www.sentencingcouncil.org.uk/about-sentencing/types-...

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community orders
https://www.defence-barrister.co.uk/community-orders

Community Protection Notice
Public Spaces Protection Orders
Closure Notices and Orders
https://www.release.org.uk/law/anti-social-behaviour-laws

173. The public spaces protection order (referred to as the community protection order (public spaces) in the White Paper) is intended to deal with a particular nuisance or problem in a particular area that is detrimental to the local community’s qualify of life, by imposing conditions on the use of that area. The order could also be used to deal with likely future problems. It will replace designated public place orders, gating orders and dog control orders. Examples of where a new order could be used include prohibiting the consumption of alcohol in public parks or ensuring dogs are kept on a leash in children’s play areas. It could also prohibit spitting in certain areas (if the problem was persistent and unreasonable). This is currently covered in local byelaws.
https://www.legislation.gov.uk/ukpga/2014/12/notes/division/...

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1. Criminal Behaviour Order - available on conviction for any criminal offence, and includes both prohibitions and support to stop future behaviour likely to lead to further ASB or criminal offences.
2. Crime Prevention Injunction- a purely civil order with a civil burden of proof, making it much quicker and easier to obtain. The injunction would also have prohibitions and support attached, and a range of civil sanctions for breach of the injunction.

3. Community Protection Order (Level 2) – a local authority/police power to restrict use of a place or to apply to the courts to close a property linked with persistent ASB.

4. Community Protection Order (Level 1) – a notice issued by a practitioner to stop persistent ASB that is affecting quality of life in an area or neighbourhood, with a financial penalty for non-compliance, or other sanctions where relevant, eg the seizure of noise-making equipment.

5. Police ‘Direction’ power – a power to direct any individual causing or likely to cause crime or disorder away from a particular place, and to confiscate related items.
https://webcache.googleusercontent.com/search?q=cache:Bu4om2...