3.—F11[(1) (a) Where a court, by or before which an offender stands convicted, is of opinion that the appropriate sentence in respect of the offence of which the offender is convicted would, but for this Act, be one of imprisonment for a period of 12 months or less, the court shall, as an alternative to that sentence, consider whether to make an order (in this Act referred to as a "community service order") in respect of the offender and the court may, if satisfied, in relation to the offender, that the provisions of section 4 have been complied with, make a community service order in accordance with this section.

(b) Where a court, by or before which an offender stands convicted, is of opinion that the appropriate sentence in respect of the offence of which the offender is convicted would, but for this Act, be one of imprisonment for a period of more than 12 months and, it is satisfied, in relation to the offender, that the provisions of section 4 have been complied with, the court may make a community service order in accordance with this section.]

F12[(1A) Where a court is satisfied that—

(a) at a sitting of the court on the date specified in the notice concerned under section 7 (4) of the Act of 2014—

(i) an offender to whom subsection (2) of section 2 applies has failed to pay the fine imposed by it in relation to the offender by the due date for payment, and

(ii) it would not be appropriate to make a recovery order or attachment order in respect of that offender,

(b) at the sitting of the court on the date specified in the notice concerned under section 11 (2) of the Act of 2014, a receiver has been unable to recover—

(i) the fine imposed by it in relation to an offender to whom subsection (2) of section 2 applies, or

(ii) a sum or sums from the proceeds of the sale of property belonging to that offender sufficient to pay that fine, or

(c) at the sitting of the court on the date specified in the notice concerned under section 16 (3) of the Act of 2014, an attachment order made in respect of the earnings of an offender to whom subsection (2) of section 2 applies has not resulted in the collection of the fine imposed by it in relation to the offender,

and is also satisfied that, in relation to that offender, the provisions of section 4 have been complied with, it may make an order (in this Act also referred to as a "community service order") in accordance with this section.]

F13[(1B) Where in relation to an offender, the court considers that the offender is a person in respect of whom it may be appropriate to make a community service order, it shall request the Probation Service to prepare a report (in this Act referred to as an "assessment report") in respect of the offender.

(1C) An assessment report shall be prepared and furnished to the court within a period of 28 days from receipt of the request referred to in subsection (1B).

(1D) The court may, of its own motion or upon application to it in that behalf by a probation officer, extend the period within which the assessment report is to be furnished if the court is satisfied that there is good reason for doing so and it would be in the interests of justice so to do.]

F14[(2) A community service order shall require the offender to perform, in accordance with this Act, unpaid work for such number of hours as are specified in the order, being—

(a) in the case of an offender to whom subsection (1) of section 2 applies, not less than 40 hours and not greater than 240 hours,

(b) in the case of an offender to whom subsection (2) of section 2 applies who was convicted on indictment of the offence concerned, not less than 40 hours and not greater than 240 hours, and

(c) in the case of an offender to whom subsection (2) of section 2 applies who was convicted summarily of the offence concerned, not less than 30 hours and not greater than 100 hours.]

F13[(2A) Nothing in subsection (1) shall be construed as affecting any power of the court under any rule of law or by or under any enactment to make such orders as the court sees fit providing for an alternative to a sentence of imprisonment in respect of the offender.]

(3) Nothing in this section shall be construed as preventing a court which makes a community service order from making, in relation to the offence in respect of which the order is made, an order under any other enactment for—

(a) the revocation of any licence,

(b) the imposition of any disqualification or endorsement,

(c) the forfeiture, confiscation, seizure, restitution or disposal of any property, or

(d) the payment of compensation, costs or expenses.

F13[(4) In this section "imprisonment" includes detention F15[…] in a children detention school.]