Criminal Justice Act 2003

201 Activity requirement E+W

(1) In this Part “activity requirement”, in relation to a relevant order, means a requirement that the offender must do either or both of the following—

(a) present himself to a person or persons specified in the relevant order at a place or places so specified on such number of days as may be so specified;

(b) participate in activities specified in the order on such number of days as may be so specified.

(2) The specified activities may consist of or include activities whose purpose is that of reparation, such as activities involving contact between offenders and persons affected by their offences.

(3) A court may not include an activity requirement in a relevant order unless—

(a) it has consulted—

(i) in the case of an offender aged 18 or over, an officer of a local probation board [F1 or an officer of a provider of probation services] ,

(ii) in the case of an offender aged under 18, F2 . . . an officer of a local probation board [F3 , an officer of a provider of probation services] or a member of a youth offending team, and

(b) it is satisfied that it is feasible to secure compliance with the requirement.

(4) A court may not include an activity requirement in a relevant order if compliance with that requirement would involve the co-operation of a person other than the offender and the offender’s responsible officer, unless that other person consents to its inclusion.

(5) The aggregate of the number of days specified under subsection (1)(a) and (b) must not exceed 60.

(6) A requirement such as is mentioned in subsection (1)(a) operates to require the offender—

(a) in accordance with instructions given by his responsible officer, to present himself at a place or places on the number of days specified in the order, and

(b) while at any place, to comply with instructions given by, or under the authority of, the person in charge of that place.

(7) A place specified under subsection (1)(a) must be—

(a) a community rehabilitation centre, or

[F4 (b) a place that has been approved as providing facilities suitable for persons subject to activity requirements—

(i) where the premises are situated in the area of a local probation board, by that board, or

(ii) in any other case, by a provider of probation services authorised to do so by arrangements under section 3 of the Offender Management Act 2007.]

(8) Where the place specified under subsection (1)(a) is a community rehabilitation centre, the reference in subsection (6)(a) to the offender presenting himself at the specified place includes a reference to him presenting himself elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.

(9) A requirement to participate in activities operates to require the offender—

(a) in accordance with instructions given by his responsible officer, to participate in activities on the number of days specified in the order, and

(b) while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.

(10) In this section “community rehabilitation centre” means premises—

(a) at which non-residential facilities are provided for use in connection with the rehabilitation of offenders, and

(b) which are for the time being approved by the Secretary of State as providing facilities suitable for persons subject to relevant orders.

Textual Amendments

F1 Words in s. 201(3)(a)(i) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(7)(a)(i)

F2 Word in s. 201(3)(a)(ii) omitted (1.4.2008) by virtue of The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(7)(a)(ii)

F3 Words in s. 201(3)(a)(ii) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(7)(a)(ii)

F4 S. 201(7)(b) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(7)(b)

Modifications etc. (not altering text)

C1 S. 201(7) modified (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(2), 383 (as substituted (1.4.2008) by S.I. 2008/912, art. 3, Sch. 1 para. 23(2)(a)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1 S. 201 wholly in force at 4.4.2005; s. 201 not in force at Royal Assent, see s. 336(3); s. 201 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 201 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)