- Latest available (Revised)
- Original (As enacted)
Police, Crime, Sentencing and Courts Act 2022, Section 151 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Sentencing Code is amended as follows.
(2)In Part 5 of Schedule 9 (community orders and suspended sentence orders: curfew requirements), after paragraph 10 insert—
10A(1)This paragraph applies where—
(a)a relevant order is in force,
(b)the order is in respect of an offence of which the offender was convicted on or after the day on which section 151 of the Police, Crime, Sentencing and Courts Act 2022 came into force,
(c)the order includes a curfew requirement imposed under paragraph 9, and
(d)the responsible officer considers that the variation condition is met.
(2)The variation condition is met if, having regard to a change in the offender’s circumstances since the relevant order was made, it is appropriate to—
(a)vary the start time of any of the curfew periods;
(b)vary the relevant place in relation to any of those periods.
(3)The responsible officer may, with the consent of the offender, give the offender notice (a “variation notice”) specifying—
(a)the new start time of such of the curfew periods as are specified in the notice;
(b)the new relevant place for such of the curfew periods as are so specified.
(4)The effect of a variation notice is to vary the relevant order as specified in the notice, with effect from the date so specified.
(5)A variation notice may specify different variations of the start time, or of the relevant place, for different days.
(6)Before giving a variation notice containing provision pursuant to sub-paragraph (3)(b), the responsible officer must obtain and consider information about each place proposed to be specified in the notice.
(7)That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there.
(8)A variation notice must not—
(a)vary the length of any of the offender’s curfew periods;
(b)in a case where the relevant order includes a residence requirement under paragraph 13, vary the relevant place in a way that is inconsistent with that requirement;
(c)make any variation prohibited by sub-paragraph (9).
(9)A variation is prohibited by this sub-paragraph if—
(a)the relevant order concerned includes an electronic compliance monitoring requirement imposed under paragraph 10(3) (a “monitoring requirement”), and
(b)the responsible officer considers that, if the court had made the relevant order imposing the curfew requirement as varied by the variation, the court—
(i)would not have imposed the monitoring requirement, or
(ii)would have imposed a different monitoring requirement.
(10)The responsible officer must give the appropriate court—
(a)a copy of a variation notice given under this paragraph, and
(b)evidence of the offender’s consent to the notice.
(11)In this paragraph—
(a)“appropriate court”—
(i)in relation to a community order, has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule);
(ii)in relation to a suspended sentence order, has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);
(b)“curfew periods”, in relation to a relevant order, means the periods specified in the order under paragraph 9(2)(a);
(c)“relevant place”, in relation to a curfew period, means the place specified under paragraph 9(2)(b) at which the offender is required to remain for that period;
(d)“start time”, in relation to a curfew period, means the time at which the period is required to start pursuant to the relevant order.”
(3)In paragraph 16 of Schedule 10 (amendment of community order because of change of residence), after sub-paragraph (2) insert—
“(3)If the permission is given by the responsible officer—
(a)the officer must give notice to the appropriate court of the permission, and
(b)the court must amend the order as set out in sub-paragraph (2).”
(4)After paragraph 17 of that Schedule insert—
17A(1)This paragraph applies where at any time the responsible officer gives—
(a)a copy of a variation notice in relation to a community order, and
(b)evidence of the offender’s consent to the notice,
to the appropriate court under paragraph 10A of Schedule 9.
(2)The appropriate court must amend the order to reflect the effect of the variation notice.”
(5)In paragraph 23 of Schedule 16 (amendment of suspended sentence order) because of change of residence), after sub-paragraph (2) insert—
“(3)If the permission is given by the responsible officer—
(a)the officer must give notice to the appropriate court of the permission, and
(b)the court must amend the suspended sentence order as set out in sub-paragraph (2).”
(6)After paragraph 24 of that Schedule insert—
24A(1)This paragraph applies where at any time the responsible officer gives—
(a)a copy of a variation notice in relation to a suspended sentence order, and
(b)evidence of the offender’s consent to the notice,
to the appropriate court under paragraph 10A of Schedule 9.
(2)The appropriate court must amend the order to reflect the effect of the variation notice.”
Commencement Information
I1S. 151 in force at 28.6.2022, see s. 208(5)(q)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: