A community service order requires a convicted person to perform unpaid work for the general good. It is a principal sentence alongside imprisonment and the fine, and it is the most frequently imposed sentence for offences of moderate seriousness where the court sees no need for detention.
Statutory basis
Article 22c of the Criminal Code sets the maximum at two hundred and forty hours. Article 22b excludes an unaccompanied community service order for serious offences against physical integrity and sexual offences, and in cases of relevant recidivism; there the court must combine it with imprisonment or impose a custodial sentence. Article 22d provides for substitute detention where the work is not performed, at the rate set in the judgment.
How it works in practice
The probation service assigns the placement and supervises performance, usually within a year. The court can combine hours with a suspended prison sentence, which is common where a first offender needs a clear warning. A community service order is a conviction and appears on the criminal record; whether it obstructs a certificate of conduct depends on the offence, the recency and the intended purpose of the certificate.
Where it goes wrong
Defendants agree to a number of hours without checking whether they can perform them alongside shift work, care duties or a job abroad. Missing appointments leads to a report and a conversion into detention, and the threshold for that conversion is lower than most people expect. A second point is the exclusion in article 22b, which regularly surprises defendants who expect a community service order in a case involving violence.
Related terms
Suspended sentence and probation period, penal order and summons.
Is a community service order at issue or is a conversion into detention threatened? Our criminal lawyers advise on what is realistic.
