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2 Criminal law (1 questions)
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Community orders are generally preferred for non‑violent offences where the offender poses a low risk to the public. The advantages include:
- Reduced prison overcrowding – aligns with the government’s “prison reform” agenda.
- Opportunities for rehabilitation – through unpaid work, treatment programmes, or supervision.
- Cost‑effectiveness – community orders are less expensive than custody.
Case law such as R v. Smith (2005) emphasised that custodial sentences should be a last resort when community orders would be insufficient to protect the public or achieve rehabilitation.
However, custodial sentences may still be appropriate where:
- There is a significant pattern of re‑offending.
- The offence involves serious harm or substantial financial loss.
- Aggravating factors outweigh mitigating circumstances.
Policy considerations from the Sentencing Council stress proportionality and the need to reflect public denunciation. In practice, judges weigh the offender’s personal circumstances, the likelihood of re‑offending, and the availability of suitable community order requirements before deciding.