ABSTRACT
Where the offender is under 21 when the community order is made but is over 21 when the order is revoked and he is re-sentenced for the offence for which the community order was imposed, the replacement sentence must be one which is appropriate to the age of the offender at the date when the original order was made. So, such an offender is given a custodial sentence in place of the community order, it would have to be a sentence of detention in a young offender institution, not imprisonment (R v Pesapane (1992) 13 Cr App R(S) 438).
