C7C6Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C7

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

C6

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)))

C10C4C5 Chapter 4Further provisions about orders under Chapters 2 and 3

Annotations:
Modifications etc. (not altering text)
C4

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

C5

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

Provisions applying to relevant orders generally

I1C1216F1Local justice area to be specified in relevant order

1

A community order or suspended sentence order must specify the F2local justice area in which the offender resides or will reside.

F72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I2217Requirement 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 F3any 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.

I3C2218Availability 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 F4local justice area in which he resides or will reside.

F112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F15within 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 F12the relevant area (see subsections (5) to (7)), and

b

is satisfied that the necessary provision can be made under F16the arrangements currently available.

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 F13an 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 F4local 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.

F179

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.

I4219Provision of copies of relevant orders

F91

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.

C33

Where a relevant order specifies a F5local justice area in which the court making the order does not act, the court making the order must provide to the magistrates’s court F6acting 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 F6acting in that area in the exercise of its functions in relation to the order.

F84

In subsection (1)(c) and (d), “public sector provider” means—

a

a probation trust or other public body, or

b

the Secretary of State;

I5220Duty 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, F14...

F14b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The obligation imposed by subsection (1) is enforceable as if it were a requirement imposed by the order.

C9C8220AF10Duty 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.