Sentencing Act 2020

Obligations of responsible officer and offender

191 The responsible officer

(1) For the purposes of this Chapter, “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, means the person identified in subsection (2), (3) or (4).

(2) If the order imposes the following requirements, and no other youth rehabilitation requirements—

(a) an electronic monitoring requirement, and

(b) a curfew requirement or an exclusion requirement (or both),

the responsible officer is the person who under paragraph 42(1) of Schedule 6 is responsible for the electronic monitoring required by the order.

(3) If the only youth rehabilitation requirement imposed by the order is an attendance centre requirement, the responsible officer is the officer in charge of the attendance centre specified in the order.

(4) In any other case the responsible officer is the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Chapter on the responsible officer.

(5) In subsection (4) “qualifying officer”, means—

(a) a member of a youth offending team established by a local authority specified in the order for the purposes of this section, or

(b) an officer of a provider of probation services acting in the offender’s home local justice area.

192 Obligations of responsible officer

(1) This section applies where a youth rehabilitation order is in force.

Functions of the responsible officer

(2) The responsible officer must—

(a) make any arrangements that are necessary in connection with the requirements imposed by the order,

(b) promote the offender’s compliance with those requirements, and

(c) where appropriate, take steps to enforce those requirements.

(3) But subsection (2) does not apply to a person who is a responsible officer by virtue of section 191(2) (person responsible for electronic monitoring).

Exercise of functions by responsible officer

(4) In giving instructions to the offender in pursuance of the order, the responsible officer must ensure, as far as practicable, that any instruction is such as to avoid—

(a) any conflict with the offender’s religious beliefs,

(b) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and

(c) any conflict with the requirements of any other court order to which the offender may be subject,

and satisfies any additional restrictions that the Secretary of State may specify in regulations.

(5) Regulations under subsection (4) are subject to the negative resolution procedure.

193 Duty of offender to keep in touch with responsible officer etc

(1) This section applies where a youth rehabilitation order is in force.

(2) The offender—

(a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and

(b) must notify the responsible officer of any change of address.

(3) This obligation is enforceable as if it were a youth rehabilitation requirement of the youth rehabilitation order.