Criminal Justice Act 2003

[F1 PART 1 U.K. Requirements etc

Textual Amendments

F1 Sch. 19A inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 2 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(t)

Application of provisions of Chapter 4 of Part 12 U.K.

1 U.K. The provisions of Chapter 4 of Part 12 listed in paragraph 2 apply in relation to a supervision default order as they apply in relation to a community order but with the modifications listed in paragraph 3.

2 U.K. Those provisions are—

(a) section 199(1) to (3) (unpaid work requirement);

(b) section 200(1) and (3) (obligations of person subject to unpaid work requirement);

(c) section 204(1), (2) and (6) (curfew requirement);

(d) section 215(1) to (3) and (4A) (electronic monitoring requirement);

(e) section 215A (data from electronic monitoring: code of practice);

(f) section 216(1) (local justice area to be specified in order);

(g) section 217(1) and (2) (requirement to avoid conflict with religious beliefs);

(h) section 218(1), (4) and (5) (availability of arrangements in local area);

(i) section 219(1)(a) and (b) and (2) and Schedule 14 (provision of copies).

3 (1) The modifications mentioned in paragraph 1 are as follows. U.K.

(2) Section 199 applies as if for paragraphs (a) and (b) of subsection (2) (limit on number of hours of unpaid work) there were substituted—

“(a) not less than 20 hours, and

(b) not more than 60 hours.”

(3) Section 200(1) applies—

(a) as if the reference to the responsible officer were to the supervisor, and

(b) as if at the end there were inserted “and the work must be performed before the end of the supervision period.”

(4) Section 204(2) applies as if for the words after “but” there were substituted—

“(a) may not specify periods which amount to less than 2 hours or more than 16 hours in any day,

(b) may not specify periods which fall outside the supervision period, and

(c) must require the person to remain at the specified place or places on at least 20 days.”

(5) Section 215(1)(a) applies as if the words “or determined by the responsible officer in accordance with the relevant order” were omitted.

(6) Section 215(4A) applies as if the references to the responsible officer were to the supervisor.

(7) Section 217(2) applies as if the reference to the responsible officer were to the supervisor.

(8) Section 219(1)(b) applies as if the reference to the responsible officer were to the supervisor.

Powers of Secretary of State in relation to provisions of Chapter 4 of Part 12 U.K.

4 U.K. The Secretary of State's power to make orders under section 217(3) (requirement to avoid conflict with religious beliefs etc) includes power to provide that section 217(1) and (2), as applied by this Schedule, have effect with additional restrictions specified in the order.

5 (1) The Secretary of State's power to make rules under section 222 (rules regulating the supervision of persons subject to community orders etc) may be exercised in relation to persons subject to supervision default orders. U.K.

(2) For the purpose of sub-paragraph (1), section 222(1)(b) has effect as if the reference to the responsible officer were to the supervisor.

6 U.K. The Secretary of State may by order amend paragraph 3(2) or (4) by changing the number of hours or days for the time being specified there.]