§ 353 — Commission of offence before community order is in force

353.—(1) Where —(a)

an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and

(b)

the powers of a court to make community orders which are conferred by this Part are exercisable by the court in respect of that offence or those offences,

the court may make a community order in respect of that offence or those offences, or it may sentence the offender to any punishment which is prescribed for that offence or those offences.

(2) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to imprisonment under subsection (1), the offender must thereafter be dealt with in accordance with section 354 as if he or she had been convicted and dealt with by a court for an offence or offences committed during the period when a community order is in force in respect of him or her.

(3) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to a fine under subsection (1) without imposing any term of imprisonment, the offender —(a)

if he or she pays the fine amount, must continue serving the sentence under the community order; or

(b)

if he or she defaults on paying the fine amount, must continue serving the sentence under the community order before serving any sentence of imprisonment imposed by the court for the default.

(4) Where —(a)

an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and

(b)

the powers of a court to make community orders which are conferred by this Part are not exercisable by the court in respect of that offence or those offences,

the court must sentence the offender to any punishment which is prescribed for that offence or those offences and the offender must thereafter be dealt with in accordance with section 354 as if the offender had been convicted and dealt with by a court for an offence or offences committed during the period when a community order was in force in respect of him or her.

—(1) Where —(a)

an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and

(b)

the powers of a court to make community orders which are conferred by this Part are exercisable by the court in respect of that offence or those offences,

the court may make a community order in respect of that offence or those offences, or it may sentence the offender to any punishment which is prescribed for that offence or those offences.

(2) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to imprisonment under subsection (1), the offender must thereafter be dealt with in accordance with section 354 as if he or she had been convicted and dealt with by a court for an offence or offences committed during the period when a community order is in force in respect of him or her.

(3) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to a fine under subsection (1) without imposing any term of imprisonment, the offender —(a)

if he or she pays the fine amount, must continue serving the sentence under the community order; or

(b)

if he or she defaults on paying the fine amount, must continue serving the sentence under the community order before serving any sentence of imprisonment imposed by the court for the default.

(4) Where —(a)

an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and

(b)

the powers of a court to make community orders which are conferred by this Part are not exercisable by the court in respect of that offence or those offences,

the court must sentence the offender to any punishment which is prescribed for that offence or those offences and the offender must thereafter be dealt with in accordance with section 354 as if the offender had been convicted and dealt with by a court for an offence or offences committed during the period when a community order was in force in respect of him or her.