Sentence is punishment the court decides to give someone who has been convicted of crime. In the end comes with prosecution. The defendant will be sentenced if found guilty or plead guilty. The main statute for sentencing is criminal Justice Act 2003.The community sentences are under section 148 of the criminal Justice Act states that a community sentence can only be imposed if the offence was serious enough to warrant such a sentence. This sentence combines punishment with activities carried out in the community. It has requirements on offenders that they must meet while serving their sentences. Community orders are managed by probation officers from the National Probation Service who plan and co-ordinate the supervision programme. The responsibility of a probation officer includes monitor the offender’s activities , help the offender deal with drug and alcohol addiction and inform the court of any problems they see in the offender behaviour.
The Courts would consider the Community Sentencing Options if the legislative requirements are met. Where appropriate, a Community Court Conference can be convened when the Courts contemplate CBS as a sentencing option, so that a preliminary assessment may be made by the Community Court Secretariat before the Courts order the appropriate suitability report with a view of imposing a CBS. It will look at the underlying cause of the offender’s offending behaviour and assess if any of the Community sentences options are suitable to address the offender’s risks and needs to prevent re-offending in future. If the conditions under the community sentences have been fulfilled for the duration of the order, the criminal record will be rendered spent, i.e. the offender is deemed to have no record of the conviction.
The community sentence had been recent government anxious to emphasise that community sentences impose substantial restrictions on the offender freedom. The crime and court Act 2013,every community sentence must contain a punitive element, such as unpaid work or curfew order. The Criminal Justice Act 2003 has established a single community order which can be applied to an offender aged 16 or over who has committed an imprisonable offence. This order can contain a range of possible requirement. These are an unpaid work, an activity requirement , a programme requirement, a prohibited activity requirement, a curfew requirement, exclusion requirement, residence requirement, mental health requirement, drug rehabilitation requirement, alcohol treatment requirement, supervision requirement and foreign travel prohibition requirement. Each of these requirements will now be considered in turn. The sentencing guidelines are produced by Sentence council, to promote consistency of sentencing and maintaining independence of Judiciary. The primary role of the council is to issue guidelines on sentencing which the courts must follow. At the end of prosecution , the judge or magistrates have to decide which type of sentence of offender.