SCHEDULES

Sections 200 and 286

SCHEDULE 9E+WCommunity orders and suspended sentence orders: requirements

Modifications etc. (not altering text)

C1Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3Sch. 9 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C4Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1E+WUnpaid work requirement

Requirement and obligation of offenderE+W

1(1)In this Code “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to—E+W

(a)the work to be performed, and

(b)the times, during a period of 12 months, at which the offender is to perform it.

(2)Sub-paragraph (1)(b) is subject to—

(a)paragraph 21 of Schedule 10 (community order: power to extend unpaid work requirement);

(b)paragraph 27 of Schedule 16 (suspended sentence order: extension of unpaid work requirement).

Modifications etc. (not altering text)

C5Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C6Sch. 9 para. 1(1) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1Sch. 9 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Number of hours of unpaid work to be specified in orderE+W

2(1)The number of hours which a person may be required to work under an unpaid work requirement—E+W

(a)must be specified in the relevant order, and

(b)must, in aggregate, be—

(i)not less than 40, and

(ii)not more than 300.

(2)Sub-paragraph (1)(b)(i) is subject to paragraph 13(4) of Schedule 10 (breach of community order: power to impose unpaid work requirement).

(3)Sub-paragraph (4) applies where the court—

(a)makes relevant orders in respect of two or more offences of which the offender is convicted on the same occasion, and

(b)includes unpaid work requirements in each of them.

(4)The court may direct that the hours of work specified in any of those requirements is to be—

(a)concurrent with, or

(b)additional to,

those specified in any other of those orders.

But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).

Modifications etc. (not altering text)

C7Sch. 9 para. 2(1) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I2Sch. 9 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing unpaid work requirementE+W

3(1)A court may not include an unpaid work requirement in a relevant order unless it is satisfied—E+W

(a)that the offender is a suitable person to perform work under such a requirement, and

(b)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 offender's home local justice area.

(2)In making a decision under sub-paragraph (1)(a), the court must (if it thinks necessary) hear an officer of a provider of probation services.

Modifications etc. (not altering text)

C8Sch. 9 para. 3 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I3Sch. 9 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2E+WRehabilitation activity requirement

RequirementE+W

4(1)In this Code “rehabilitation activity requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must comply with any instructions given by the responsible officer to do either or both of the following—E+W

(a)attend appointments;

(b)participate in activities.

(2)The maximum number of days on which the offender may be instructed to participate in activities must be specified in the relevant order.

(3)In this paragraph “the relevant period” means—

(a)in relation to a community order, the period for which the community order remains in force, and

(b)in relation to a suspended sentence order, the supervision period.

Modifications etc. (not altering text)

Commencement Information

I4Sch. 9 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Instructions given by responsible officerE+W

5(1)Any instructions given by the responsible officer pursuant to the rehabilitation activity requirement must be given with a view to promoting the offender's rehabilitation.E+W

(2)Sub-paragraph (1) does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation.

(3)The responsible officer may instruct the offender to attend appointments with the responsible officer or with someone else.

(4)The responsible officer, when instructing the offender to participate in activities, may require the offender—

(a)to participate in specified activities and, while doing so, comply with instructions given by the person in charge of the activities, or

(b)to go to a specified place and, while there, comply with any instructions given by the person in charge of the place.

(5)The references in sub-paragraph (4)(a) and (b) to instructions given by a person include instructions given by anyone acting under the person's authority.

(6)The activities that a responsible officer may instruct the offender to participate in include—

(a)activities forming an accredited programme (see paragraph 6(2));

(b)activities whose purpose is reparative, such as restorative justice activities.

(7)For the purposes of sub-paragraph (6)(b), an activity is a restorative justice activity if—

(a)the participants consist of, or include, the offender and any victim or victims,

(b)the aim of the activity is to maximise the offender's awareness of the impact of the offending concerned on the victims, and

(c)the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact.

(8)In sub-paragraph (7) “victim” means a victim of, or other person affected by, the offending concerned.

(9)Where compliance with an instruction would require the co-operation of a person other than the offender, the responsible officer may give the instruction only if that person agrees.

Modifications etc. (not altering text)

Commencement Information

I5Sch. 9 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3E+WProgramme requirement

6(1)In this Code “programme requirement”, in relation to a relevant order, means a requirement that the offender must—E+W

(a)in accordance with instructions given by the responsible officer participate in an accredited programme at a particular place, and

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

(2)In this Code “accredited programme” means a programme that is for the time being accredited by the Secretary of State for the purposes of this paragraph.

(3)Any programme that immediately before 1 May 2008 was accredited for the purposes of section 202 of the Criminal Justice Act 2003 is treated as accredited by the Secretary of State for the purposes of this paragraph.

(4)In this paragraph “programme” means a systematic set of activities.

(5)Where a relevant order includes a programme requirement—

(a)the order must specify the number of days on which the offender is to be required to participate in an accredited programme under the requirement;

(b)it is for the responsible officer to specify—

(i)the accredited programme in which the offender is to participate, and

(ii)the place at which the offender is to do so.

Modifications etc. (not altering text)

Commencement Information

I6Sch. 9 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4E+WProhibited activity requirement

RequirementE+W

7(1)In this Code “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities—E+W

(a)on one or more particular days, or

(b)for a particular period.

(2)Where the court makes a relevant order imposing a prohibited activity requirement, the following must be specified in the order—

(a)the activities from which the offender must refrain;

(b)the day or days on which, or the period for which, the offender must refrain from those activities.

(3)A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968.

Modifications etc. (not altering text)

Commencement Information

I7Sch. 9 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing prohibited activity requirementE+W

8E+WA court may not include a prohibited activity requirement in a relevant order unless it has consulted an officer of a provider of probation services.

Modifications etc. (not altering text)

Commencement Information

I8Sch. 9 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5E+WCurfew requirement

RequirementE+W

9(1)In this Code “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place.E+W

(2)A relevant order which imposes a curfew requirement must specify—

(a)the curfew periods, and

(b)the place at which the offender must remain for each curfew period.

(3)Different places or different curfew periods may be specified for different days.

(4)The curfew periods specified must amount to—

(a)not less than 2 hours in any day, and

(b)not more than 16 hours in any day.

(5)The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.

Modifications etc. (not altering text)

C9Sch. 9 para. 9(1)-(4) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I9Sch. 9 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements where court imposes curfew requirementE+W

10(1)Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified in the order.E+W

(2)That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there.

(3)Where the court makes a relevant order imposing a curfew requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a)it is prevented from doing so by—

(i)paragraph 33 (consent of person whose co-operation is required), or

(ii)paragraph 34(1) (arrangements in relevant area), or

(b)in the particular circumstances of the case, it considers it inappropriate to do so.

Modifications etc. (not altering text)

C10Sch. 9 para. 10(1)(2) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I10Sch. 9 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6E+WExclusion requirement

RequirementE+W

11(1)In this Code “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”).E+W

(2)A relevant order which imposes an exclusion requirement must specify—

(a)the prohibited place, and

(b)the exclusion period.

(3)A relevant order may specify—

(a)more than one prohibited place;

(b)more than one exclusion period;

(c)different prohibited places for different exclusion periods or different days.

(4)If the relevant order is a community order—

(a)the exclusion period must not be more than 2 years beginning with the day on which the requirement first takes effect;

(b)if the order specifies more than one exclusion period, each of the exclusion periods must fall within that 2 year period.

(5)A prohibited place may be an area.

Modifications etc. (not altering text)

Commencement Information

I11Sch. 9 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirement where court imposes exclusion requirementE+W

12E+WWhere the court makes a relevant order imposing an exclusion requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a)it is prevented from doing so by—

(i)paragraph 33 (consent of person whose co-operation is required), or

(ii)paragraph 34(1) (arrangements in relevant area), or

(b)in the particular circumstances of the case, it considers it inappropriate to do so.

Modifications etc. (not altering text)

Commencement Information

I12Sch. 9 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7E+WResidence requirement

RequirementE+W

13(1)In this Code “residence requirement”, in relation to a relevant order, means a requirement that, for a particular period (“the required period”), the offender must reside—E+W

(a)at a particular place (“the required place”), or

(b)if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.

(2)A relevant order imposing a residence requirement must specify—

(a)the required place,

(b)the required period, and

(c)if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.

(3)A hostel or other institution may not be specified as the required place, except on the recommendation of an officer of a provider of probation services.

Modifications etc. (not altering text)

C11Sch. 9 para. 13 modified by 2006 c. 52, Sch. 6 para. 3(1) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I13Sch. 9 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirement where court imposes residence requirementE+W

14E+WBefore making a relevant order containing a residence requirement, the court must consider the home surroundings of the offender.

Modifications etc. (not altering text)

C12Sch. 9 para. 14 excluded by 2006 c. 52, Sch. 6 para. 3(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I14Sch. 9 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8E+WForeign travel prohibition requirement

15(1)In this Code “foreign travel prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from travelling, on a particular day or days, or for a particular period, to a particular country or territory (or particular countries or territories) outside the British Islands.E+W

(2)A relevant order which imposes a foreign travel prohibition requirement must specify—

(a)the day or days, or the period, for which the prohibition is to operate, and

(b)the area in relation to which the prohibition is to operate.

(3)A day specified under sub-paragraph (2)(a) must fall within the period of 12 months beginning with the day on which the requirement takes effect.

(4)A period specified under that sub-paragraph may not exceed 12 months beginning with the day on which the requirement takes effect.

(5)The area specified under sub-paragraph (2)(b) may be—

(a)a particular country or territory outside the British Islands specified or described in the order,

(b)all countries and territories outside the British Islands other than a country or territory specified or described in the order, or

(c)all countries and territories outside the British Islands.

Modifications etc. (not altering text)

Commencement Information

I15Sch. 9 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9E+WMental health treatment requirement

RequirementE+W

16(1)In this Code “mental health treatment requirement”, in relation to a relevant order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be—E+W

(a)in-patient treatment,

(b)institution-based out-patient treatment, or

(c)practitioner-based treatment.

(2)For this purpose—

“mental health treatment”, in relation to an offender, means treatment which is—
(a)
by or under the direction of a registered medical practitioner or registered psychologist, and
(b)
with a view to improvement of the offender's mental condition;
“in-patient treatment” means treatment as a resident patient in—
(a)
a care home,
(b)
an independent hospital, or
(c)
a hospital within the meaning of the Mental Health Act 1983,
but not in hospital premises where high security psychiatric services are provided;
“institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place;
“practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both).

(3)A relevant order which imposes a mental health treatment requirement must specify—

(a)the period or periods during which the offender is required to submit to mental health treatment, and

(b)for each of those periods—

(i)if the mental health treatment is to be in-patient treatment, the care home or hospital at which it is to be provided;

(ii)if it is to be institution-based out-patient treatment, the institution or place at which it is to be provided;

(iii)if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;

but may not otherwise specify the nature of the treatment.

(4)Different treatment may be specified for different periods.

(5)In this paragraph—

“care home” means—
(a)
a care home in England within the meaning of the Care Standards Act 2000;
(b)
a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided;
“high security psychiatric services” has the same meaning as in the Mental Health Act 1983;
“independent hospital”—
(a)
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
(b)
in relation to Wales, has the same meaning as in the Care Standards Act 2000;
“registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists.

(6)While an offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a relevant order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of revocation or amendment of the order.

Modifications etc. (not altering text)

Commencement Information

I16Sch. 9 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing mental health treatment requirementE+W

17(1)A court may not include a mental health treatment requirement in a relevant order unless the following conditions are met—E+W

(a)the need for treatment condition,

(b)the arrangements condition, and

(c)the consent condition.

(2)The need for treatment condition is that the court is satisfied that the mental condition of the offender—

(a)requires treatment,

(b)may be susceptible to treatment, and

(c)does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.

(3)The arrangements condition is that the court is satisfied that arrangements—

(a)have been made, or

(b)can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to in-patient treatment (see paragraph 16(2)).

(4)The consent condition is that the offender has expressed willingness to comply with the requirement.

Modifications etc. (not altering text)

C13Sch. 9 para. 17(1)(c) excluded by 2006 c. 52, Sch. 6 para. 4(1) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C14Sch. 9 para. 17(2)(c) excluded by 2006 s. 52, ss. 200, 202 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 20(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I17Sch. 9 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Alternative arrangements for mental health treatment made by practitionerE+W

18(1)This paragraph applies where—E+W

(a)an offender is being treated in pursuance of a mental health treatment requirement, and

(b)the treatment practitioner considers that part of the treatment can be better or more conveniently given in or at an institution or place—

(i)which is not specified in the relevant order, and

(ii)where the treatment will be given by or under the direction of a registered medical practitioner or registered psychologist.

(2)The treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.

(3)Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.

(4)Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the relevant order.

(5)Where alternative arrangements are made—

(a)the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender must submit in pursuance of the mental health treatment requirement, and

(b)the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out.

(6)In this paragraph—

“registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists;
“treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement.

Modifications etc. (not altering text)

C15Sch. 9 para. 18 modified by 2006 c. 52, Sch. 6 para. 4(2) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I18Sch. 9 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 10E+WDrug rehabilitation requirement

RequirementE+W

19(1)In this Code “drug rehabilitation requirement”, in relation to a relevant order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender—E+W

(a)must submit to drug rehabilitation treatment, which may be resident treatment or non-resident treatment, and

(b)for the purpose of ascertaining whether there is any drug in the offender's body during that period, must provide samples in accordance with directions given by—

(i)the responsible officer, or

(ii)the treatment director.

(2)In this paragraph—

“drug rehabilitation treatment”, in relation to an offender, means treatment which is—
(a)
by or under the direction of a person who has the necessary qualifications or experience, and
(b)
with a view to the reduction or elimination of the offender's dependency on or propensity to misuse drugs;
“resident treatment” means treatment as a resident in an institution or place;
“non-resident treatment” means treatment as a non-resident at an institution or place;
“the treatment director” means the person by or under whose direction the treatment is to be provided.

(3)Sub-paragraphs (4) to (7) apply to a relevant order which imposes a drug rehabilitation requirement.

(4)The order may specify separate periods which together comprise the drug treatment and testing period.

(5)The order must specify, for each treatment period—

(a)the treatment director;

(b)if the treatment is to be resident treatment, the institution or place where it is to be provided;

(c)if it is to be non-resident treatment—

(i)the institution or place where it is to be provided, and

(ii)the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6)In sub-paragraph (5), “treatment period” means—

(a)if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b)otherwise, the drug treatment and testing period.

(7)The order—

(a)must provide that if, by virtue of sub-paragraph (1)(b), the offender provides samples to a person other than the responsible officer, the results of tests carried out on the samples are to be communicated to the responsible officer;

(b)may make further provision about the provision of samples by virtue of sub-paragraph (1)(b) (which may include provision that directions, or directions of particular kinds, are to be given only by the responsible officer or only by the treatment director).

(8)The power for the responsible officer or treatment director to give directions by virtue of sub-paragraph (1)(b) about the provision of samples—

(a)is a power to give directions as to—

(i)the type of samples to be provided, and

(ii)the times at which, or circumstances in which, they are to be provided,

(b)is subject to any provision made by the order, and

(c)is to be exercised in accordance with guidance issued by the Secretary of State.

(9)The Secretary of State may revise any guidance issued under sub-paragraph (8)(c).

(10)In this paragraph and paragraph 20 “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

Modifications etc. (not altering text)

C16Sch. 9 para. 19(1) modified by 2006 c. 52, Sch. 6 para. 5(1) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(a)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I19Sch. 9 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing drug rehabilitation requirementE+W

20(1)A court may not impose a drug rehabilitation requirement unless the following conditions are met—E+W

(a)the need for treatment condition,

(b)the arrangements condition,

(c)the suitability condition, and

(d)the consent condition.

(2)The need for treatment condition is that the court is satisfied—

(a)that the offender—

(i)is dependent on drugs, or

(ii)has a propensity to misuse drugs, and

(b)that the offender's dependency or propensity—

(i)requires treatment, and

(ii)may be susceptible to treatment.

(3)The arrangements condition is that the court is satisfied that arrangements—

(a)have been made, or

(b)can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to resident treatment (within the meaning given in paragraph 19(2)).

(4)The suitability condition is that the requirement has been recommended to the court as being suitable for the offender by an officer of a provider of probation services.

(5)The consent condition is that the offender expresses willingness to comply with the requirement.

Modifications etc. (not altering text)

C17Sch. 9 para. 20(1)(d) excluded by 2006 c. 52, Sch. 6 para. 5(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I20Sch. 9 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Drug rehabilitation requirement: provision for review by courtE+W

21(1)A relevant order imposing a drug rehabilitation requirement—E+W

(a)must include provision for review if the treatment and testing period is more than 12 months, and

(b)may do so in any other case.

(2)For this purpose, “provision for review” means provision—

(a)for the requirement to be reviewed periodically at intervals of not less than one month,

(b)for each review of the requirement to be made at a hearing held for the purpose by the responsible court (a “review hearing”),

(c)requiring the offender to attend each review hearing,

(d)requiring a written report on the offender's progress under the requirement to be made by an officer of a provider of probation services to the responsible court before each review hearing, and

(e)requiring each such report to include—

(i)the test results communicated to the responsible officer under paragraph 19(7) or otherwise, and

(ii)the views of the treatment provider as to the treatment and testing of the offender.

(3)Paragraphs (b) and (c) of sub-paragraph (2) are subject to paragraph 22(6) (hearing not necessary for review).

(4)In this paragraph, “the responsible court”, in relation to a relevant order imposing a drug rehabilitation requirement, means—

(a)if a court is specified as the responsible court under sub-paragraph (5), that court;

(b)otherwise, the court which made the order.

(5)Where—

(a)a magistrates' court makes a relevant order imposing a drug rehabilitation requirement, and

(b)the area for which the court acts is not the offender's home local justice area,

the court may specify in the order a magistrates' court which acts in the offender's home local justice area as the responsible court.

(6)For the purposes of sub-paragraph (4)(b), a relevant order imposing a drug rehabilitation requirement which is made on an appeal—

(a)from the Crown Court, or

(b)from the Court of Appeal,

is to be treated as having been made by the Crown Court.

Modifications etc. (not altering text)

C18Sch. 9 para. 21 modified by 2006 c. 52, s. 179 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 4 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I21Sch. 9 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Periodic review of drug rehabilitation requirementE+W

22(1)This paragraph applies in relation to a relevant order which imposes a drug rehabilitation requirement that is subject to review.E+W

(2)At a review hearing the court may, after considering the officer's report referred to in paragraph 21(2)(d) (“the review officer's report”), amend the relevant order, so far as it relates to the drug rehabilitation requirement.

(3)The court—

(a)may not amend the drug rehabilitation requirement unless the offender expresses willingness to comply with the requirement as amended, and

(b)except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending.

(4)If the offender fails to express willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—

(a)revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and

(b)re-sentence the offender.

(5)In dealing with the offender under sub-paragraph (4)(b), the court—

(a)must take into account the extent to which the offender has complied with the requirements of the order, and

(b)may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).

(6)Where at a review hearing the court—

(a)has considered the review officer's report, and

(b)is of the opinion that the offender's progress under the requirement is satisfactory,

the court may amend the order so that it provides for each subsequent review to be made by the court without a hearing.

(7)Where at a review without a hearing the court—

(a)has considered the review officer's report, and

(b)is of the opinion that the offender's progress under the requirement is no longer satisfactory,

the court may require the offender to attend a hearing of the court at a specified time and place.

(8)At that hearing the court, after considering that report, may—

(a)exercise the powers conferred by this paragraph as if the hearing were a review hearing, and

(b)amend the order so that it provides for each subsequent review to be made at a review hearing.

(9)In this paragraph—

“responsible court” has the same meaning as in paragraph 21;
“review hearing” has the meaning given by paragraph 21(2)(b).

(10)In relation to a review without a hearing, a reference in this paragraph to the court is to be read—

(a)in the case of the Crown Court, as a reference to a judge of the court;

(b)in the case of a magistrates' court, as a reference to a justice of the peace.

(11)If an officer of a provider of probation services is of the opinion that the order should be amended so as to provide for each subsequent review to be made—

(a)without a hearing instead of at a review hearing, or

(b)at a review hearing instead of without a hearing,

the officer must apply under paragraph 18 of Schedule 10 (amendment of requirements of community order) or paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) to the responsible court for the order to be amended.

Modifications etc. (not altering text)

C19Sch. 9 para. 22 modified by 2006 c. 52, s. 179 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 4 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I22Sch. 9 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 11E+WAlcohol treatment requirement

RequirementE+W

23(1)In this Code “alcohol treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to alcohol dependency treatment, which may be—E+W

(a)resident treatment,

(b)institution-based treatment, or

(c)practitioner-based treatment.

(2)In this paragraph—

“alcohol dependency treatment”, in relation to an offender, means treatment which is—
(a)
by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and
(b)
with a view to reducing or eliminating the offender's dependency on alcohol;
“resident treatment” means treatment as a resident in an institution or place;
“institution-based treatment” means treatment as a non-resident at an institution or place;
“practitioner-based treatment” means treatment by or under the direction of the treatment director.

(3)Sub-paragraphs (4) and (5) apply to a relevant order which imposes an alcohol treatment requirement.

(4)The order may specify separate periods comprising the period specified under sub-paragraph (1).

(5)For each treatment period, the order must specify—

(a)the treatment director;

(b)whether the alcohol dependency treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;

(c)if it is to be resident treatment, the institution or place where it is to be provided;

(d)if it is to be institution-based treatment—

(i)the institution or place where it is to be provided, and

(ii)the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6)In sub-paragraph (5), “treatment period” means—

(a)if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b)otherwise, the period specified under sub-paragraph (1).

Modifications etc. (not altering text)

C20Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I23Sch. 9 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing alcohol treatment requirementE+W

24(1)A court may not impose an alcohol treatment requirement unless the following conditions are met—E+W

(a)the need for treatment condition,

(b)the arrangements condition, and

(c)the consent condition.

(2)The need for treatment condition is that the court is satisfied—

(a)that the offender is dependent on alcohol, and

(b)that the offender's dependency—

(i)requires treatment, and

(ii)may be susceptible to treatment.

(3)The arrangements condition is that the court is satisfied that arrangements—

(a)have been made, or

(b)can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to treatment as a resident.

(4)The consent condition is that the offender expresses willingness to comply with the requirement.

Modifications etc. (not altering text)

Commencement Information

I24Sch. 9 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 12E+WAlcohol abstinence and monitoring requirement

RequirementE+W

25(1)In this Code “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement that, during a particular period (“the abstinence and monitoring period”), the offender—E+W

(a)must—

(i)abstain from consuming alcohol, or

(ii)not consume alcohol so that at any time during the abstinence and monitoring period there is more than a particular level of alcohol in the offender's body, and

(b)must submit to monitoring in accordance with particular arrangements for the purpose of ascertaining whether the offender is complying with provision under paragraph (a).

Paragraph (a) is subject to sub-paragraph (3).

(2)A relevant order that includes an alcohol abstinence and monitoring requirement must specify—

(a)the abstinence and monitoring period;

(b)if the order imposes a requirement falling within sub-paragraph (1)(a)(ii), the level of alcohol;

(c)the arrangements for monitoring.

(3)A relevant order that includes an alcohol abstinence and monitoring requirement may specify exceptions from any requirement imposed under sub-paragraph (1)(a); if it does so the requirement has effect subject to those exceptions.

(4)The abstinence and monitoring period must be—

(a)if a minimum period is prescribed under sub-paragraph (7)(a), not less than that minimum period, and

(b)not more than 120 days.

(5)The level of alcohol specified under sub-paragraph (2)(b) must be the level prescribed under sub-paragraph (7)(b).

(6)The arrangements for monitoring specified under sub-paragraph (2)(c) must be consistent with those prescribed by regulations under sub-paragraph (7)(c).

(7)The Secretary of State may by regulations prescribe—

(a)a minimum period as the abstinence and monitoring period;

(b)a level of alcohol for the purposes of sub-paragraph (1)(a)(ii);

(c)arrangements for monitoring for the purposes of sub-paragraph (1)(b).

(8)Regulations under sub-paragraph (7)(b) may prescribe a level—

(a)by reference to the proportion of alcohol in any one or more of an offender's breath, blood, urine or sweat, or

(b)by some other means.

(9)Regulations under sub-paragraph (7)(c) may in particular prescribe—

(a)arrangement for monitoring by electronic means;

(b)arrangements for monitoring by other means of testing.

(10)Regulations under sub-paragraph (7) are subject to the negative resolution procedure.

(11)In this paragraph and paragraph 26, “alcohol” includes anything containing alcohol.

Modifications etc. (not altering text)

Commencement Information

I25Sch. 9 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing alcohol abstinence and monitoring requirementE+W

26(1)A relevant order may not include both—E+W

(a)an alcohol treatment requirement, and

(b)an alcohol abstinence and monitoring requirement.

(2)A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met—

(a)the relevance of alcohol condition,

(b)the non-dependency condition, and

(c)the availability of arrangements condition.

(3)The relevance of alcohol condition is that—

(a)the offender's consumption of alcohol is an element of the offence for which the order is to be imposed or of an associated offence, or

(b)the court is satisfied that the offender's consumption of alcohol was a factor that contributed to the commission of that offence or to an associated offence.

(4)The non-dependency condition is that the court is satisfied that the offender is not dependent on alcohol.

(5)The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified in the relevant order are available in the offender's home local justice area (and the notice has not been withdrawn).

Modifications etc. (not altering text)

Commencement Information

I26Sch. 9 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 13E+WAttendance centre requirement

RequirementE+W

27(1)In this Code “attendance centre requirement”, in relation to a relevant order, means a requirement that the offender must attend at an attendance centre for a particular number of hours.E+W

(2)A relevant order which imposes an attendance centre requirement must specify the aggregate number of hours for which the offender may be required to attend at an attendance centre

(3)That number must be—

(a)not less than 12, and

(b)not more than 36.

(4)The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer from time to time.

(5)When choosing an attendance centre the responsible officer must consider—

(a)the accessibility of the attendance centre to the offender, having regard to the means of access available to the offender and any other circumstances, and

(b)the description of persons for whom it is available.

(6)The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.

(7)The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender's circumstances.

(8)The offender may not be required under this paragraph to attend at an attendance centre—

(a)more than once on any day, or

(b)for more than 3 hours at a time.

(9)A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, for that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere—

(a)under the supervision of the officer in charge of the centre, and

(b)in accordance with instructions given by, or under the authority of, that officer.

Modifications etc. (not altering text)

Commencement Information

I27Sch. 9 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing attendance centre requirementE+W

28E+WA court may not impose an attendance centre requirement in a relevant order unless the court—

(a)has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description (and the notice has not been withdrawn), and

(b)is satisfied that an attendance centre which is available for persons of the offender's description is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

Commencement Information

I28Sch. 9 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 14E+WElectronic monitoring

Electronic compliance monitoring requirementE+W

29(1)In this Code “electronic compliance monitoring requirement”, in relation to a relevant order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a period (“the monitoring period”)—E+W

(a)specified in the order, or

(b)determined by the responsible officer in accordance with the relevant order.

(2)Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the relevant order.

(3)Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—

(a)the offender,

(b)the person responsible for the monitoring, and

(c)any person falling within paragraph 33(b).

(4)An electronic compliance monitoring requirement may not be imposed for securing the electronic monitoring of the offender's compliance with an alcohol abstinence and monitoring requirement.

(5)But that does not prevent an order which imposes an alcohol abstinence and monitoring requirement from including an electronic compliance monitoring requirement for securing the electronic monitoring of the offender's compliance with any other requirement.

Modifications etc. (not altering text)

C21Sch. 9 para. 29(1) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I29Sch. 9 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Electronic whereabouts monitoring requirementE+W

30E+WIn this Code “electronic whereabouts monitoring requirement”, in relation to a relevant order, means a requirement to submit to electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirement included in the order) during a period specified in the order.

Modifications etc. (not altering text)

Commencement Information

I30Sch. 9 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Electronic monitoring: person responsible for monitoringE+W

31(1)A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring.E+W

(2)The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Modifications etc. (not altering text)

C22Sch. 9 paras. 31-33 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I31Sch. 9 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Electronic monitoring: generalE+W

32E+WWhere a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—

(a)submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

(i)being fitted with, or installation of, any necessary apparatus, and

(ii)inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b)not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c)take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

Modifications etc. (not altering text)

Commencement Information

I32Sch. 9 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing electronic monitoring: generalE+W

33E+WWhere—

(a)it is proposed to include in a relevant order an electronic monitoring requirement, but

(b)there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person's consent.

Modifications etc. (not altering text)

Commencement Information

I33Sch. 9 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing an electronic compliance monitoring requirementE+W

34(1)A court may not include an electronic compliance monitoring requirement in a relevant order in respect of an offender unless—E+W

(a)the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area (see sub-paragraphs (2) to (4)) (and the notice has not been withdrawn), and

(b)the court is satisfied that the necessary provision can be made under those arrangements.

(2)In the case of a relevant order containing—

(a)a curfew requirement, or

(b)an exclusion requirement,

the relevant area is the area in which the place proposed to be specified in the order is situated.

For this purpose, “place”, in relation to an exclusion requirement, has the same meaning as in paragraph 11.

(3)In the case of a relevant order containing an attendance centre requirement, the relevant area is an 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.

(4)In the case of any other relevant order, the relevant area is the local justice area proposed to be specified in the order.

Modifications etc. (not altering text)

C23Sch. 9 para. 34(1)(2) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I34Sch. 9 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing electronic whereabouts monitoring requirementE+W

35E+WA court may not include an electronic whereabouts monitoring requirement in a relevant order in respect of an offender unless—

(a)the court 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 (and the notice has not been withdrawn),

(b)the court is satisfied that—

(i)the offender can be fitted with any necessary apparatus under the arrangements currently available, and

(ii)any other necessary provision can be made under those arrangements, and

(c)the court 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.

Modifications etc. (not altering text)

Commencement Information

I35Sch. 9 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2