Ali, R. v

A curfew imposed as a condition of deferred sentence does not count towards the six-month period permitted for a curfew requirement in a subsequent community order. Under section 204(3) of the Criminal Justice Act 2003, the permitted curfew period runs from the date on which the community order is made. Earlier curfews imposed during deferment are relevant to the overall onerousness of the sentence, but they do not legally prevent a further curfew requirement on the community order.

The appellant pleaded guilty in the Crown Court at Bristol to robbery. The sentencing judge deferred sentence for six months, subject to a curfew and other conditions. At the end of that period, the judge imposed a community order containing a five-month curfew requirement.

The appellant appealed, contending that the earlier six-month curfew meant that the later curfew exceeded the statutory maximum. The issue was whether a curfew imposed as a condition of deferred sentence formed part of the maximum curfew period authorised for a community order.

1. Appeal dismissed. The five-month curfew requirement in the community order was lawful.

2. Section 204(3) of the Criminal Justice Act 2003 provides in clear terms that periods specified under a curfew requirement must fall within six months beginning on the day the community order is made. The provision contains no reference to curfews imposed earlier as conditions of deferred sentence.

3. A sentencing court retains, at the end of a lawful period of deferment, the power to sentence for the offence in any way in which it could originally have done. The appellant's earlier curfew was therefore not part of the sentence imposed at the end of deferment and did not bar a fresh curfew requirement.

4. The earlier curfew was nevertheless relevant when assessing how onerous the later community requirements would be. It was a matter for sentencing evaluation, not a legal restriction on the later order. The community order, including its five-month curfew, was a proper sentence.

• Court of Appeal (Criminal Division): Dismissed the appeal against sentence in [2011] EWCA Crim 2747.
• Crown Court at Bristol: Sentence was deferred for six months following the guilty plea to robbery. The court later imposed a community order with a 12-month supervision requirement and a five-month curfew requirement.