Sentencing Act 2020

PART 6 Exclusion requirement

Requirement

11 (1) In this Code “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”).

(2) A relevant order which imposes an exclusion requirement must specify—

(a) the prohibited place, and

(b) the exclusion period.

(3) A relevant order may specify—

(a) more than one prohibited place;

(b) more than one exclusion period;

(c) different prohibited places for different exclusion periods or different days.

(4) If the relevant order is a community order—

(a) the exclusion period must not be more than 2 years beginning with the day on which the requirement first takes effect;

(b) if the order specifies more than one exclusion period, each of the exclusion periods must fall within that 2 year period.

(5) A prohibited place may be an area.

Requirement where court imposes exclusion requirement

12 Where the court makes a relevant order imposing an exclusion requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a) it is prevented from doing so by—

(i) paragraph 33 (consent of person whose co-operation is required), or

(ii) paragraph 34(1) (arrangements in relevant area), or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.