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Section 217B: Powers on review

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 9: Community sentences — CHAPTER 2: Community orders

This section applies where a review hearing is held on a review of a community order by virtue of section 217A.

The court may, after considering the progress report, amend—

the community order requirements of the order, or
any provision of the order which relates to those requirements.

But the court—

may not amend the community order requirements of the order so as to impose a requirement of a different kind unless the offender expresses willingness to comply with that requirement,
may not amend—
a mental health treatment requirement,
a drug rehabilitation requirement, or
an alcohol treatment requirement,

unless the offender expresses willingness to comply with the requirement as amended, and

except with the consent of the offender, may not amend the order while an appeal against the order is pending.

For the purposes of subsection (3)(a)—

a community order requirement of a kind within any entry in the table in section 201 is of the same kind as any other community requirement within that entry, and
an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

If the court is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, the court may adjourn the hearing so that the court can deal with the case forthwith under paragraph 10 or 11 of Schedule 10 (powers of court to deal with offender on breach of requirement).

For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 10.

In this section—

  • “review hearing”, and

  • “progress report”,

have the same meanings as in section 217A.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.