The Criminal Procedure Rules 2011

Requirements of community sentence, etc.

42.2.—(1) This rule applies where the court—

(a) imposes a requirement in connection with—

(i) a community sentence,

(ii) a youth rehabilitation order, or

(iii) a suspended sentence of imprisonment; or

(b) orders the defendant to attend meetings with a supervisor.

(2) The court officer must—

(a) notify the defendant and, where the defendant is under 14, an appropriate adult, of—

(i) the requirement or requirements imposed, and

(ii) the name of the responsible officer or supervisor, and the means by which that person may be contacted; and

(b) notify the responsible officer or supervisor, and, where the defendant is under 14, the appropriate qualifying officer (if that is not the responsible officer), of—

(i) the defendant’s name, address and telephone number (if available),

(ii) the offence or offences of which the defendant was convicted, and

(iii) the requirement or requirements imposed.

(3) If the court imposes an electronic monitoring requirement, the monitor of which is not the responsible officer, the court officer must—

(a) notify the defendant and, where the defendant is under 16, an appropriate adult, of the monitor’s name, and the means by which the monitor may be contacted; and

(b) notify the monitor of—

(i) the defendant’s name, address and telephone number (if available),

(ii) the offence or offences of which the defendant was convicted,

(iii) the place or places at which the defendant’s presence must be monitored,

(iv) the period or periods during which the defendant’s presence there must be monitored, and

(v) the responsible officer’s name, and the means by which that officer may be contacted.

[Note. See section 219(1) of the Criminal Justice Act 2003(1); paragraph 34(1) of Schedule 1 to the Criminal Justice and Immigration Act 2008(2); and section 1A(7) of the Street Offences Act 1959(3).

For the circumstances in which the court—

(a) may pass a community sentence (defined by section 147 of the Criminal Justice Act 2003(4)), or a youth rehabilitation order (defined by section 7 of the Criminal Justice and Immigration Act 2008(5)), and for the identity and duties of responsible officers and qualifying officers, see generally—

(i) Part 12 of the 2003 Act, and

(ii) Part 1 of the 2008 Act;

(b) may pass a suspended sentence of imprisonment, see section 189 of the 2003 Act(6);

(c) may order the defendant to attend meetings with a supervisor, see section 1(2A) of the Street Offences Act 1959(7).

Under sections 190 or 215 of the 2003 Act(8), or section 1(2) of the 2008 Act(9), the court may impose an electronic monitoring requirement to secure the monitoring of the defendant’s compliance with certain other requirements (for example, a curfew or an exclusion).]

(1)

2003 c. 44; section 219(1) was amended by article 3 of, and paragraphs 19(1) and (12) of Schedule 1 to, S.I. 2008/912.

(2)

2008 c. 4.

(3)

1959 c. 57; section 1A is inserted by section 17(1) and (3) of the Policing and Crime Act 2009 (c. 26), from a date to be appointed.

(4)

2003 c. 44; section 147 is amended by sections 6(2) and 149 of, and paragraphs 71 and 72 of Schedule 4, and Part 1 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4).

(5)

2008 c. 4.

(6)

2003 c. 44; section 189 was amended by articles 2(1) and (2), and 3(1) and (2), of S.I. 2005/643.

(7)

1959 c. 57; section 1(2A) is inserted by section 17(1) and (2) of the Policing and Crime Act 2009 (c. 26), from a date to be appointed.

(8)

2003 c. 44.

(9)

2008 c. 4.