It is very important that a person with a conviction given a community order complies fully with the order and the instructions given by a Probation Trust. If a person with a conviction fails to comply with the conditions of their community order then they face being returned to court where their sentence can be increased by adding additional elements. This process is called a ‘breach’. If the breach is serious enough the court may decide to revoke the original sentence and re-sentence the person with a conviction, which may involve a custodial sentence.
Breaches of community sentences are taken very seriously. Deliberately flouting an order of the court is in itself an offence and anyone found doing so risks their order being revoked and re-sentenced. The person with a conviction will be reminded of the conditions of their order and informed of what they can and cannot do by Probation staff at the court.
People with convictions must not:
- Miss any appointments or sessions without a valid reason. If the absence is due to ill health then a doctors’ note excluding participation must be provided.
- Attend under the influence of drugs or alcohol.
- Commit further offences.
- Be offensive, threatening, violent or uncooperative.
Breaking these rules will prompt action by a Probation Trust who will begin breach proceedings resulting in the person with a conviction being required to attend court.
This page was updated on November 2018