Sentencing Act 2020

216 Duty of offender to obtain permission before changing residence E+W

(1) This section applies where a community order—

(a) is in force, and

(b) does not include a residence requirement imposed under paragraph 13 of Schedule 9.

(2) The offender must not change residence except with permission given in accordance with this section by—

(a) the responsible officer, or

(b) a court.

(3) This obligation has effect as if it were a community order requirement of the community order.

(4) The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused.

For this purpose, “appropriate court” has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule).

(5) A court may also give permission in any proceedings before it under Schedule 10 (breach or amendment of order etc).

(6) The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—

(a) is likely to prevent the offender complying with a requirement imposed by the community order, or

(b) would hinder the offender's rehabilitation.

(7) The responsible officer must refuse an application for permission if—

(a) the offender's present residence is in England or Wales, and

(b) the offender's proposed residence is outside England and Wales.

(8) For cases in which a community order has to be amended because of permission given under this section, see paragraph 16 of Schedule 10 (amendment to reflect change in local justice area).

Modifications etc. (not altering text)

C1 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3 Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C4 Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 S. 216 in force at 1.12.2020 by S.I. 2020/1236, reg. 2