Criminal Justice Act 2003

[F1 256AB Supervision requirements under section 256AA E+W

(1) The only requirements that the Secretary of State may specify in a notice under section 256AA are—

(a) a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;

(b) a requirement not to commit any offence;

(c) a requirement to keep in touch with the supervisor in accordance with instructions given by the supervisor;

(d) a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor;

(e) a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address;

(f) a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work;

(g) a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands);

(h) a requirement to participate in activities in accordance with any instructions given by the supervisor;

(i) a drug testing requirement (see section 256D);

(j) a drug appointment requirement (see section 256E).

(2) Where a requirement is imposed under subsection (1)(h), [F2 paragraph 5(4) to (9) of Schedule 9 to the Sentencing Code applies] in relation to the requirement (reading references to the responsible officer as references to the supervisor).

(3) Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).

(4) The Secretary of State may by order—

(a) add requirements that may be specified in a notice under section 256AA,

(b) remove or amend such requirements,

(c) make provision about such requirements, including about the circumstances in which they may be imposed, and

(d) make provision about instructions given for the purposes of such requirements.

(5) An order under subsection (4) may amend this Act.

(6) In this section “work” includes paid and unpaid work.]

Textual Amendments

F1 S. 256AB inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 1 para. 1 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(s)

F2 Words in s. 256AB(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 230 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C2 Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C3 Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C4 Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C5 S. 256AB applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C6 S. 256AB applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(a)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C7 S. 256AB(4) extended (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 247(5), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2