Criminal Justice Act 2003

202 Programme requirement E+W

(1) In this Part “programme requirement”, in relation to a relevant order, means a requirement that the offender must participate in an accredited programme specified in the order at a place so specified on such number of days as may be so specified.

(2) In this Part “accredited programme” means a programme that is for the time being accredited by the [F1 Secretary of State for the purposes of this section] .

(3) In this section—

(a) “programme” means a systematic set of activities, and

(b) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A court may not include a programme requirement in a relevant order unless—

(a) the accredited programme which the court proposes to specify in the order has been recommended to the court as being suitable for the offender—

(i) in the case of an offender aged 18 or over, by an officer of a local probation board, [F3 or an officer of a provider of probation services] or

(ii) in the case of an offender aged under 18, F4 . . . by an officer of a local probation board [F5 , an officer of a provider of probation services] or by a member of a youth offending team, and

(b) the court is satisfied that the programme is (or, where the relevant order is a custody plus order or an intermittent custody order, will be) available at the place proposed to be specified.

(5) A court may not include a programme 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.

(6) A requirement to attend an accredited programme operates to require the offender—

(a) in accordance with instructions given by the responsible officer, to participate in the accredited programme at the place specified in the order 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.

[F6 (7) A place specified in an order must be a place that has been approved as providing facilities suitable for persons subject to programme requirements—

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

(b) 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.]

Textual Amendments

F1 Words in s. 202(2) substituted (1.5.2008) by Offender Management Act 2007 (c. 21), ss. 31(1)(a), 41(1); S.I. 2007/3001, art. 3(a)

F2 S. 202(3)(b) repealed (1.5.2008) by Offender Management Act 2007 (c. 21), ss. 31(1)(b), 41(1), Sch. 5 Pt. 3; S.I. 2007/3001, art. 3(a)(c)

F3 Words in s. 202(4)(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(8)(a)(i)

F4 Word in s. 202(4)(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(8)(a)(ii)

F5 Words in s. 202(4)(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(8)(a)(ii)

F6 S. 202(7) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(8)(b)

Modifications etc. (not altering text)

C1 S. 202(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. 202 wholly in force at 4.4.2005; s. 202 not in force at Royal Assent, see s. 336(3); s. 202 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 202(3)(b) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 202 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 13 (subject to art. 2(2), Sch. 2)