Criminal Justice (Community Service) Act 1983

Conditions required for making of community service order.

4

4.—F18[(1) A court shall not make a community service order unless the following conditions have been complied with:

(a) the court is satisfied—

(i) having considered the offender’s circumstances,

(ii) having considered the assessment report prepared by a probation officer pursuant to a request under section 3(1B), and

(iii) where the court thinks it necessary, having heard evidence from such an officer,

that the offender is a suitable person to perform work under such an order and that arrangements can be made for him or her to perform such work;

(b) the offender has consented to the making of such an order.]

(2) Before making a community service order in respect of an offender the court shall explain to him—

(a) the effect of the order and, in particular, the requirements of sections 7 (1) and 7 (2),

(b) the consequences which may follow under sections 7 (4) and 8 if he fails to comply with any of those requirements, and

F18[(c) that under this Act the court may review the order on the application of either the offender or a relevant officer.]

Annotations

Amendments:

F18

Substituted (1.10.2011) by Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011), s. 4(a),(b), S.I. No. 467 of 2011.

F19

Substituted by Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Act 2026 (34/2026), s. 21(b), not commenced as of date of revision.

Modifications (not altering text):

C2

Prospective affecting provision: subs. (1)(a)(ii) amended by Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Act 2026 (34/2026), s. 21(b), not commenced as of date of revision.

(ii) having considered the assessment report prepared by a F19[relevant officer] pursuant to a request under section 3(1B), and