What you can and cannot do while on a community sentence?
This is decided by a court when you are sentenced and the person dealing with your sentence once it’s started – the ‘probation officer’.
The limitations in what you can and can’t do may include:
· being at a particular place at certain times – ‘curfew’
· wearing an electronic tag to check that you stay there
· appointments with a probation officer
· being banned from going to certain places or areas
· having a ban from taking part in certain activities
· being told where you have to live, for example a family member’s home
If you do not stick to the rules while you’re on a community order, you could get a warning or be sent back to court for breach proceedings. The order could then be revoked in which case you would be re-sentenced or the order could continue and your punishment would increase.
What happens if you don’t turn up to a community sentence or community order?
If you do not complete a treatment or programme, or fail a drugs test, you could be sent back to court and your punishment could increase.
Does a community sentence appear on my Criminal Record?
A community sentence is still a conviction and so it will appear on your criminal record. It will remain on the Police National Computer indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.
A community sentence becomes spent on the end date given by the order or, if no date given, 2 years from the date of conviction – unless the order states ’unlimited’, ’indefinitely’ or ’until further order’.
Will a community order appear on a DBS?
Yes, it be disclosed on both standard and enhanced checks unless it is eligible for filtering. Once it becomes spent, it won’t be disclosed on a basic check.
When do I have to declare a community sentence?
You do not have to declare it after it is spent except for an occupation exempt from the Rehabilitation of Offenders Act, like working with children. Before it is spent you do need to declare it, when asked, to by employers, insurers and others.
Visa applications are also exempt so you will need to disclose this conviction even if it is spent. This may not stop you from getting a Visa but it will take longer and probably cost more. For example, it will exclude you from getting an online visa waiver for the USA (referred to as an ESTA) so you will need to apply for a full visa from the embassy.
The regulations on this can change at any time so it’s always best to check the latest updates on the Governments website.
