PART 2Criminal behaviour orders

Criminal behaviour orders

24Requirements included in orders

1

A criminal behaviour order that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

2

Before including a requirement, the court must receive evidence about its suitability and enforceability from—

a

the individual to be specified under subsection (1), if an individual is to be specified;

b

an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

3

Before including two or more requirements, the court must consider their compatibility with each other.

4

It is the duty of a person specified under subsection (1)

a

to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

b

to promote the offender’s compliance with the relevant requirements;

c

if the person considers that the offender—

i

has complied with all the relevant requirements, or

ii

has failed to comply with a relevant requirement,

to inform the prosecution and the appropriate chief officer of police.

5

In subsection (4)(c) “the appropriate chief officer of police” means—

a

the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the offender lives, or

b

if it appears to that person that the offender lives in more than one police area, whichever of the relevant chief officers of police that person thinks it most appropriate to inform.

6

An offender subject to a requirement in a criminal behaviour order must—

a

keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time;

b

notify the person of any change of address.

These obligations have effect as requirements of the order.