C21C20Part 12Sentencing
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
C25C18C19 Chapter 4Further provisions about orders under Chapters 2 and 3
Pt. 12 Ch. 4 applied (with modifications) (8.12.2008) by Children Act 1989 (c. 41), Sch. A1 paras. 1-3 (as inserted by the Children and Adoption Act 2006 (c. 20), ss. 4(2), 17, Sch. 1); S.I. 2008/2870, art. 2(2)(c) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 18(12), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(p))
Pt. 12 Ch. 4 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(3)(4), 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Pt. 12 Ch. 4 extended (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(4)-(6), 383 (subject to s. 183) (as amended (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(3) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Pt. 12 Ch. 4 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Introductory
I1196Meaning of “relevant order” F30etc
1
In this Chapter “relevant order” means—
a
a community order, F33or
F34b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a suspended sentence order, F35...
F35d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F321A
In this Chapter “suspended sentence order” means a suspended sentence order that imposes one or more community requirements.
F362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2C1197F66Meaning of “the responsible officer”
1
For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a relevant order relates, means the person who is for the time being responsible for discharging the functions conferred by this Part on the responsible officer in accordance with arrangements made by the Secretary of State.
2
The responsible officer must be—
a
an officer of a provider of probation services, or
b
a person responsible for monitoring the offender in accordance with an electronic monitoring requirement imposed by the relevant order.
I3198Duties of responsible officer
C221
Where a relevant order has effect, it is the duty of the responsible officer—
a
to make any arrangements that are necessary in connection with the requirements imposed by the order, F61and
b
to promote the offender’s compliance with those requirements, F62...
F62c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements available in case of all offenders
I4199Unpaid work requirement
1
In this Part “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with section 200.
2
The number of hours which a person may be required to work under an unpaid work requirement must be specified in the relevant order and must be in the aggregate—
a
not less than 40, and
b
not more than 300.
3
A court may not impose an unpaid work requirement in respect of an offender unless after hearing (if the courts thinks necessary) an F1officer of a local probation board or an officer of a provider of probation services , the court is satisfied that the offender is a suitable person to perform work under such a requirement.
4
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Where the court makes relevant orders in respect of two or more offences of which the offender has been convicted on the same occasion and includes unpaid work requirements in each of them, the court may direct that the hours of work specified in any of those requirements is to be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum specified in subsection (2)(b).
I5200Obligations of person subject to unpaid work requirement
1
An offender in respect of whom an unpaid work requirement of a relevant order is in force must perform for the number of hours specified in the order such work at such times as he may be instructed by the responsible officer.
2
Subject to paragraph 20 of Schedule 8 and paragraph 18 of Schedule 12 (power to extend order), the work required to be performed under an unpaid work requirement of a community order or a suspended sentence order must be performed during a period of twelve months.
3
Unless revoked, a community order imposing an unpaid work requirement remains in force until the offender has worked under it for the number of hours specified in it.
4
Where an unpaid work requirement is imposed by a suspended sentence order, the supervision period as defined by section F37189(1A) continues until the offender has worked under the order for the number of hours specified in the order, but does not continue beyond the end of the operational period as defined by section F38189(1)(a).
200AF82Rehabilitation activity requirement
1
In this Part “rehabilitation activity requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must comply with any instructions given by the responsible officer to attend appointments or participate in activities or both.
2
A relevant order imposing a rehabilitation activity requirement must specify the maximum number of days for which the offender may be instructed to participate in activities.
3
Any instructions given by the responsible officer must be given with a view to promoting the offender's rehabilitation; but this does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation.
4
The responsible officer may instruct the offender to attend appointments with the responsible officer or with someone else.
5
The responsible officer, when instructing the offender to participate in activities, may require the offender to—
a
participate in specified activities and, while doing so, comply with instructions given by the person in charge of the activities, or
b
go to a specified place and, while there, comply with any instructions given by the person in charge of the place.
6
The references in subsection (5)(a) and (b) to instructions given by a person include instructions given by anyone acting under the person's authority.
7
The activities that responsible officers may instruct offenders to participate in include—
a
activities forming an accredited programme (see section 202(2));
b
activities whose purpose is reparative, such as restorative justice activities.
8
For the purposes of subsection (7)(b) an activity is a restorative justice activity if —
a
the participants consist of, or include, the offender and one or more of the victims,
b
the aim of the activity is to maximise the offender's awareness of the impact of the offending concerned on the victims, and
c
the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact.
9
In subsection (8) “victim” means a victim of, or other person affected by, the offending concerned.
10
Where compliance with an instruction would require the co-operation of a person other than the offender, the responsible officer may give the instruction only if that person agrees.
11
In this section “the relevant period” means—
a
in relation to a community order, the period for which the community order remains in force, and
b
in relation to a suspended sentence order, the supervision period as defined by section 189(1A).
F68201Activity requirement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6202Programme requirement
1
2
In this Part “accredited programme” means a programme that is for the time being accredited by the F3Secretary of State for the purposes of this section .
3
In this section—
a
“programme” means a systematic set of activities, and
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F394
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F395
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
A F42programme requirement operates to require the offender—
a
in accordance with instructions given by the responsible officer, to participate in the accredited programme F43that is from time to time specified by the responsible officer at the place that is so specified on the number of days specified in the order, and
b
while at that place, to comply with instructions given by, or under the authority of, the person in charge of the programme.
F797
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I7203Prohibited activity requirement
1
In this Part “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities specified in the order—
a
on a day or days so specified, or
b
during a period so specified.
2
A court may not include a prohibited activity requirement in a relevant order unless it has consultedF5 an officer of a local probation board or an officer of a provider of probation services
3
The requirements that may by virtue of this section be included in a relevant order include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968 (c. 27).
I8204Curfew requirement
1
In this Part “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for periods specified in the relevant order, at a place so specified.
2
A relevant order imposing a curfew requirement may specify different places or different periods for different days, but may not specify periods which amount to less than two hours or more than F45sixteen hours in any day.
3
A community order or suspended sentence order which imposes a curfew requirement may not specify periods which fall outside the period of F46twelve months beginning with the day on which it is made.
F444
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F445
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).
I9205Exclusion requirement
1
In this Part “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a place specified in the order for a period so specified.
2
Where the relevant order is a community order, the period specified must not be more than two years.
3
An exclusion requirement—
a
may provide for the prohibition to operate only during the periods specified in the order, and
b
may specify different places for different periods or days.
4
In this section “place” includes an area.
I10206Residence requirement
C21
In this Part, “residence requirement”, in relation to a community order or a suspended sentence order, means a requirement that, during a period specified in the relevant order, the offender must reside at a place specified in the order.
C32
If the order so provides, a residence requirement does not prohibit the offender from residing, with the prior approval of the responsible officer, at a place other than that specified in the order.
C33
Before making a community order or suspended sentence order containing a residence requirement, the court must consider the home surroundings of the offender.
C34
A court may not specify a hostel or other institution as the place where an offender must reside, except on the recommendation of an officer of a local probation board F6or an officer of a provider of probation services .
206AF31Foreign travel prohibition requirement
1
In this Part “foreign travel prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from travelling, on a day or days specified in the order, or for a period so specified—
a
to any country or territory outside the British Islands specified or described in the order,
b
to any country or territory outside the British Islands other than a country or territory specified or described in the order, or
c
to any country or territory outside the British Islands.
2
A day specified under subsection (1) may not fall outside the period of 12 months beginning with the day on which the relevant order is made.
3
A period specified under that subsection may not exceed 12 months beginning with the day on which the relevant order is made.
I11207Mental health treatment requirement
1
In this Part, “mental health treatment requirement”, in relation to a community order or suspended sentence order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment by or under the direction of a registered medical practitioner or a F7registered psychologist (or both, for different periods) with a view to the improvement of the offender’s mental condition.
2
The treatment required must be such one of the following kinds of treatment as may be specified in the relevant order—
a
b
treatment as a non-resident patient at such institution or place as may be specified in the order;
c
treatment by or under the direction of such registered medical practitioner or F7registered psychologist (or both) as may be so specified;
but the nature of the treatment is not to be specified in the order except as mentioned in paragraph (a), (b) or (c).
3
A court may not by virtue of this section include a mental health treatment requirement in a relevant order unless—
a
the court is satisfied F49... that the mental condition of the offender—
i
is such as requires and may be susceptible to treatment, but
b
the court is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and
C5c
the offender has expressed his willingness to comply with such a requirement.
4
While the offender is under treatment as a resident patient in pursuance of a mental health requirement of a relevant order, his responsible officer shall carry out the supervision of the offender to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
F104A
In subsection (2) “independent hospital”—
a
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
b
in relation to Wales, has the same meaning as in the Care Standards Act 2000.
F964B
In subsection (2), “care home” means—
a
a care home in England within the meaning of the Care Standards Act 2000 (c. 14);
b
a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided.
F475
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F116
In this section and section 208, “ registered psychologist ” means a person registered in the part of the register maintained under F29the Health and Social Work Professions Order 2001 which relates to practitioner psychologists.
I12208Mental health treatment at place other than that specified in order
C61
Where the medical practitioner or F12registered psychologist by whom or under whose direction an offender is being treated for his mental condition in pursuance of a mental health treatment requirement is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—
a
is not specified in the relevant order, and
b
is one in or at which the treatment of the offender will be given by or under the direction of a registered medical practitioner or chartered psychologist,
he may, with the consent of the offender, make arrangements for him to be treated accordingly.
2
Such arrangements as are mentioned in subsection (1) may provide for the offender to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the relevant order.
3
Where any such arrangements as are mentioned in subsection (1) are made for the treatment of an offender—
a
the medical practitioner or F12registered psychologist by whom the arrangements are made shall give notice in writing to the offender’s responsible officer, specifying the institution or place in or at which the treatment is to be carried out; and
b
the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the relevant order.
I13209Drug rehabilitation requirement
C71
In this Part “drug rehabilitation requirement”, in relation to a community order or suspended sentence order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender—
a
must submit to treatment by or under the direction of a specified person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs, and
b
for the purpose of ascertaining whether he has any drug in his body during that period, must provide samples of such description as may be so determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person by or under whose direction the treatment is to be provided.
2
A court may not impose a drug rehabilitation requirement unless—
a
it is satisfied—
i
that the offender is dependent on, or has a propensity to misuse, drugs, and
ii
that his dependency or propensity is such as requires and may be susceptible to treatment,
b
it is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident),
c
the requirement has been recommended to the court as being suitable for the offender F13by an officer of a local probation board or an officer of a provider of probation services, and
C8d
the offender expresses his willingness to comply with the requirement.
F503
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The required treatment for any particular period must be—
a
treatment as a resident in such institution or place as may be specified in the order, or
b
treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;
but the nature of the treatment is not to be specified in the order except as mentioned in paragraph (a) or (b) above.
5
The function of making a determination as to the provision of samples under provision included in the community order or suspended sentence order by virtue of subsection (1)(b) is to be exercised in accordance with guidance given from time to time by the Secretary of State.
6
A community order or suspended sentence order imposing a drug rehabilitation requirement must provide that the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the responsible officer are to be communicated to the responsible officer.
7
In this section “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).
I14C9C10210Drug rehabilitation requirement: provision for review by court
1
A community order or suspended sentence order imposing a drug rehabilitation requirement may (and must if the treatment and testing period is more than 12 months)—
a
provide for the requirement to be reviewed periodically at intervals of not less than one month,
b
provide for each review of the requirement to be made, subject to section 211(6), at a hearing held for the purpose by the court responsible for the order (a “review hearing”),
c
require the offender to attend each review hearing,
d
provide for F67an officer of a provider of probation services to make to the court responsible for the order, before each review, a report in writing on the offender’s progress under the requirement, and
e
provide for each such report to include the test results communicated to the responsible officer under section 209(6) or otherwise and the views of the treatment provider as to the treatment and testing of the offender.
2
In this section references to the court responsible for a community order or suspended sentence order imposing a drug rehabilitation requirement are references—
a
where a court is specified in the order in accordance with subsection (3), to that court;
b
in any other case, to the court by which the order is made.
3
Where the area specified in a community order or suspended sentence order which is made by a magistrates' court and imposes a drug rehabilitation requirement is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (2) a magistrates' court which acts for the area specified in the order.
4
Where a community order or suspended sentence order imposing a drug rehabilitation requirement has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, for the purposes of subsection (2)(b) it shall be taken to have been made by the Crown Court.
I15C11C12211Periodic review of drug rehabilitation requirement
1
At a review hearing (within the meaning given by subsection (1) of section 210) the court may, after considering the F57... officer’s report referred to in that subsection F58(“the review officer's report”), amend the community order or suspended sentence order, so far as it relates to the drug rehabilitation requirement.
2
The court—
a
may not amend the drug rehabilitation requirement unless the offender expresses his willingness to comply with the requirement as amended, F51and
F52b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending.
3
If the offender fails to express his willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—
a
revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and
b
deal with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.
4
In dealing with the offender under subsection (3)(b), the court—
a
shall take into account the extent to which the offender has complied with the requirements of the order, and
b
may impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2).
F145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
If at a review hearing (as defined by section 210(1)(b)) the court, after considering the F59review officer’s report, is of the opinion that the offender’s progress under the requirement is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.
7
If at a review without a hearing the court, after considering the F60review officer’s report, is of the opinion that the offender’s progress under the requirement is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
8
At that hearing the court, after considering that report, may—
a
exercise the powers conferred by this section as if the hearing were a review hearing, and
b
so amend the order as to provide for each subsequent review to be made at a review hearing.
9
In this section any reference to the court, in relation to a review without a hearing, is to be read—
a
in the case of the Crown Court, as a reference to a judge of the court;
b
in the case of a magistrates' court, as a reference to a justice of the peace F15. . . .
I16212Alcohol treatment requirement
1
In this Part “alcohol treatment requirement”, in relation to a community order or suspended sentence order, means a requirement that the offender must submit during a period specified in the order to treatment by or under the direction of a specified person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on alcohol.
2
A court may not impose an alcohol treatment requirement in respect of an offender unless it is satisfied—
a
that he is dependent on alcohol,
b
that his dependency is such as requires and may be susceptible to treatment, and
c
that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident).
3
A court may not impose an alcohol treatment requirement unless the offender expresses his willingness to comply with its requirements.
F534
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The treatment required by an alcohol treatment requirement for any particular period must be—
a
treatment as a resident in such institution or place as may be specified in the order,
b
treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified, or
c
treatment by or under the direction of such person having the necessary qualification or experience as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.
212AF92Alcohol abstinence and monitoring requirement
1
In this Part “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement—
a
that, subject to such exceptions (if any) as are specified—
i
the offender must abstain from consuming alcohol throughout a specified period, or
ii
the offender must not consume alcohol so that at any time during a specified period there is more than a specified level of alcohol in the offender's body, and
b
that the offender must, for the purpose of ascertaining whether the offender is complying with provision under paragraph (a), submit during the specified period to monitoring in accordance with specified arrangements.
2
A period specified under subsection (1)(a) must not exceed 120 days.
3
If the Secretary of State by order prescribes a minimum period for the purposes of subsection (1)(a), a period specified under that provision must be at least as long as the period prescribed.
4
The level of alcohol specified under subsection (1)(a)(ii) must be that prescribed by the Secretary of State by order for the purposes of that provision (and a requirement under that provision may not be imposed unless such an order is in force).
5
An order under subsection (4) may prescribe a level—
a
by reference to the proportion of alcohol in any one or more of an offender's breath, blood, urine or sweat, or
b
by some other means.
6
The arrangements for monitoring specified under subsection (1)(b) must be consistent with those prescribed by the Secretary of State by order (and an alcohol abstinence and monitoring requirement may not be imposed unless such an order is in force).
7
An order under subsection (6) may in particular prescribe—
a
arrangements for monitoring by electronic means;
b
arrangements for monitoring by other means of testing.
8
A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met.
9
The first condition is that—
a
the consumption of alcohol by the offender is an element of the offence for which the order is to be imposed or an associated offence, or
b
the court is satisfied that the consumption of alcohol by the offender was a factor that contributed to the commission of that offence or an associated offence.
10
The second condition is that the court is satisfied that the offender is not dependent on alcohol.
11
The third condition is that the court does not include an alcohol treatment requirement in the order.
12
The fourth condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified are available in the local justice area to be specified.
13
In this section—
“alcohol” includes anything containing alcohol;
“specified”, in relation to a relevant order, means specified in the order.
F80213Supervision requirement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements available only in case of offenders aged under 25
I17214Attendance centre requirement
1
2
The aggregate number of hours for which the offender may be required to attend at an attendance centre must not be less than 12 or more than 36.
3
The court may not impose an attendance centre requirement unless the court is satisfied that F78an attendance centre which is available for persons of the offender's description is reasonably accessible to the offender concerned, having regard to the means of access available to him and any other circumstances.
F753A
The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer from time to time.
3B
When choosing an attendance centre, the responsible officer must consider—
a
the accessibility of the attendance centre to the offender, having regard to the means of access available to the offender and any other circumstances, and
b
the description of persons for whom it is available.
4
The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.
5
The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender’s circumstances.
6
An offender may not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion.
F167
A requirement to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.
Electronic monitoring
I18C13215Electronic monitoring requirement
1
In this Part “electronic monitoring requirement”, in relation to a relevant order, means a requirement F83for securing theF83to submit to either or both of the following—
a
electronic monitoring of the offender’s compliance with other requirements imposed by the order during a period specified in the order, or determined by the responsible officer in accordance with the relevant order F84, and
b
electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirements included in the order) during a period specified in the order.
2
Where—
a
it is proposed to include in a relevant order a requirement for securing electronic monitoring in accordance with this section, but
b
there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
the requirement may not be included in the order without that person’s consent.
3
A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring; and a person who is made so responsible must be of a description specified in an order made by the Secretary of State.
4
Where an electronic monitoring requirement is required to take effect during a period determined by the responsible officer in accordance with the relevant order, the responsible officer must, before the beginning of that period, notify—
a
the offender,
b
the person responsible for the monitoring, and
c
any person falling within subsection (2)(b),
of the time when the period is to begin.
F854A
Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—
a
submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—
i
being fitted with, or installation of, any necessary apparatus, and
ii
inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,
b
not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and
c
take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
F935
An electronic monitoring requirement F86within subsection (1)(a) may not be included in a relevant order for the purposes of securing the electronic monitoring of the offender's compliance with an alcohol abstinence and monitoring requirement.
6
Subsection (5) does not prevent the inclusion of an electronic monitoring requirement in a relevant order which includes an alcohol abstinence and monitoring requirement where F87this isF87the electronic monitoring requirement is within subsection (1)(b) or is included for the purpose of securing the electronic monitoring of an offender's compliance with a requirement other than the alcohol abstinence and monitoring requirement.
215AF88Data from electronic monitoring: code of practice
1
The Secretary of State must issue a code of practice relating to processing of data gathered in the course of electronic monitoring of offenders under electronic monitoring requirements imposed by relevant orders.
2
A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
Provisions applying to relevant orders generally
I19C14216F17Local justice area to be specified in relevant order
1
A community order or suspended sentence order must specify the F18local justice area in which the offender resides or will reside.
F542
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I20217Requirement to avoid conflict with religious beliefs, etc
1
The court must ensure, as far as practicable, that any requirement imposed by a relevant order is such as to avoid—
a
any conflict with the offender’s religious beliefs or with the requirements of any other relevant order to which he may be subject; and
b
any interference with the times, if any, at which he normally works or attends F19any educational establishment.
2
The responsible officer in relation to an offender to whom a relevant order relates must ensure, as far as practicable, that any instruction given or requirement imposed by him in pursuance of the order is such as to avoid the conflict or interference mentioned in subsection (1).
3
The Secretary of State may by order provide that subsection (1) or (2) is to have effect with such additional restrictions as may be specified in the order.
I21C15218Availability of arrangements in local area
1
A court may not include an unpaid work requirement in a relevant order unless the court is satisfied that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the F20local justice area in which he resides or will reside.
F702
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A court may not include an attendance centre requirement in a relevant order in respect of an offender unless the court has been notified by the Secretary of State that an attendance centre is available for persons of his description.
4
A court may not include an electronic monitoring requirement F89within section 215(1)(a) in a relevant order in respect of an offender unless the court—
a
has been notified by the Secretary of State that electronic monitoring arrangements are available in F71the relevant area (see subsections (5) to (7)), and
5
In the case of a relevant order containing a curfew requirement or an exclusion requirement, the relevant area for the purposes of subsection (4) is the area in which the place proposed to be specified in the order is situated.
6
In the case of a relevant order containing an attendance centre requirement, the relevant area for the purposes of subsection (4) is F72an area in which there is an attendance centre which is available for persons of the offender's description and which the court is satisfied is reasonably accessible to the offender.
7
In the case of any other relevant order, the relevant area for the purposes of subsection (4) is the F20local justice area proposed to be specified in the order.
8
In subsection (5) “place”, in relation to an exclusion requirement, has the same meaning as in section 205.
F919
A court may not include an electronic monitoring requirement within section 215(1)(b) in a relevant order in respect of an offender unless the court—
a
has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order,
b
is satisfied that the offender can be fitted with any necessary apparatus under the arrangements currently available and that any other necessary provision can be made under those arrangements, and
c
is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
I22219Provision of copies of relevant orders
F651
The court by which any relevant order is made must forthwith provide copies of the order—
a
to the offender,
b
to the responsible officer,
c
to an officer who is acting at the court and is an officer of a provider of probation services that is a public sector provider, and
d
where the court specifies a local justice area in which the court making the order does not act, to a provider of probation services that is a public sector provider and is acting in that area.
2
Where a relevant order imposes any requirement specified in the first column of Schedule 14, the court by which the order is made must also forthwith provide the person specified in relation to that requirement in the second column of that Schedule with a copy of so much of the order as relates to that requirement.
C163
Where a relevant order specifies a F21local justice area in which the court making the order does not act, the court making the order must provide to the magistrates’s court F22acting in that area—
a
a copy of the order, and
b
such documents and information relating to the case as it considers likely to be of assistance to a court F22acting in that area in the exercise of its functions in relation to the order.
F644
In subsection (1)(c) and (d), “public sector provider” means—
a
a probation trust or other public body, or
b
the Secretary of State;
I23220Duty of offender to keep in touch with responsible officer
1
An offender in respect of whom a community order or a suspended sentence order is in force—
a
must keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, F81...
F81b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The obligation imposed by subsection (1) is enforceable as if it were a requirement imposed by the order.
C24C23220AF69Duty to obtain permission before changing residence
1
An offender in respect of whom a relevant order is in force must not change residence without permission given in accordance with this section by—
a
the responsible officer, or
b
a court.
2
The appropriate court may, on an application by the offender, give permission in a case in which the responsible officer has refused.
3
A court may also give permission in any proceedings before it under Schedule 8 or 12 (breach or amendment of orders etc).
4
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 relevant order, or
b
would hinder the offender's rehabilitation.
5
The obligation imposed by subsection (1) is enforceable as if it were a requirement imposed by the relevant order.
6
This section does not apply if the relevant order includes a residence requirement imposed under section 206.
7
For cases in which a relevant order has to be amended because of permission given under this section, see paragraph 16 of Schedule 8 and paragraph 14 of Schedule 12 (amendment to reflect change in local justice area).
8
In this section “the appropriate court” has the same meaning as in paragraph 16 of Schedule 8 or paragraph 14 of Schedule 12.
Powers of Secretary of State
I24221Provision of attendance centres
1
The Secretary of State may continue to provide attendance centres.
2
In this Part “attendance centre” means a place at which offenders aged under 25 may be required to attend and be given under supervision appropriate occupation or instruction in pursuance of—
a
attendance centre requirements of relevant orders, or
F23aa
attendance centre requirements of youth rehabilitation orders, within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,
b
attendance centre orders under section 60 of the Sentencing Act.
F24c
default orders under section 300 of this Act, or
d
youth default orders under section 39 of the Criminal Justice and Immigration Act 2008.
3
I25222Rules
1
The Secretary of State may make rules for regulating—
a
the supervision of persons who are subject to relevant orders,
b
without prejudice to the generality of paragraph (a), the functions of responsible officers in relation to offenders subject to relevant orders,
c
the arrangements to be made by local probation boards F25or providers of probation services for persons subject to unpaid work requirements to perform work and the performance of such work,
d
the provision and carrying on of attendance centres F73...,
e
the attendance of persons subject to F74rehabilitation activity requirements or attendance centre requirements F26, or to attendance centre requirements imposed by youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008, at the places at which they are required to attend, including hours of attendance, reckoning days of attendance and the keeping of attendance records,
f
electronic monitoring in pursuance of an electronic monitoring requirement, and
g
without prejudice to the generality of paragraph (f), the functions of persons made responsible for securing electronic monitoring in pursuance of such a requirement.
2
Rules under subsection (1)(c) may, in particular, make provision—
a
limiting the number of hours of work to be done by a person on any one day,
b
as to the reckoning of hours worked and the keeping of work records, and
c
for the payment of travelling and other expenses in connection with the performance of work.
I26C17223Power to amend limits
1
The Secretary of State may by order amend—
a
subsection (2) of section 199 (unpaid work requirement), or
b
subsection (2) of section 204 (curfew requirement),
by substituting, for the maximum number of hours for the time being specified in that subsection, such other number of hours as may be specified in the order.
2
The Secretary of State may by order amend any of the provisions mentioned in subsection (3) by substituting, for any period for the time being specified in the provision, such other period as may be specified in the order.
3
Those provisions are—
a
section 204(3) (curfew requirement);
b
section 205(2) (exclusion requirement);
F94ba
section 212A(2) (alcohol abstinence and monitoring requirement)
F55c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4