The Criminal Procedure Rules 2020

Notice of requirements of suspended sentence and community, etc. orders E+W

28.2.—(1) This rule applies where the court—

(a) makes a suspended sentence order;

(b) imposes a requirement under—

(i) a community order,

(ii) a youth rehabilitation order, or

(iii) a suspended sentence order; or

(c) orders the defendant to attend meetings with a supervisor.

(2) The court officer must notify—

(a) the defendant of—

(i) the length of the sentence suspended by a suspended sentence order, and

(ii) the period of the suspension;

(b) the defendant and, where the defendant is under 14, an appropriate adult, of—

(i) any requirement or requirements imposed, and

(ii) the identity of any responsible officer or supervisor, and the means by which that person may be contacted;

(c) any responsible officer or supervisor, and, where the defendant is under 14, the appropriate qualifying officer (if that is not the responsible officer), of—

(i) the defendant’s name, address and telephone number (if available),

(ii) the offence or offences of which the defendant was convicted, and

(iii) the requirement or requirements imposed; and

(d) the person affected, where the court imposes a requirement—

(i) for the protection of that person from the defendant, or

(ii) requiring the defendant to reside with that person.

(3) If the court imposes an electronic monitoring requirement, the monitor of which is not the responsible officer, the court officer must—

(a) notify the defendant and, where the defendant is under 16, an appropriate adult, of the monitor’s identity, and the means by which the monitor may be contacted; and

(b) notify the monitor of—

(i) the defendant’s name, address and telephone number (if available),

(ii) the offence or offences of which the defendant was convicted,

(iii) the place or places at which the defendant’s presence must be monitored,

(iv) the period or periods during which the defendant’s presence there must be monitored, and

(v) the identity of the responsible officer, and the means by which that officer may be contacted.

[Note. See section 219(1) of the Criminal Justice Act 2003(1); paragraph 34(1) of Schedule 1 to the Criminal Justice and Immigration Act 2008(2); and section 1A(7) of the Street Offences Act 1959(3).

For the circumstances in which the court may—

(a) make a suspended sentence order, see section 189 of the 2003 Act(4);

(b) make a community order (defined by section 177 of the Criminal Justice Act 2003(5)), or a youth rehabilitation order (defined by section 7 of the Criminal Justice and Immigration Act 2008(6)), and for the identity and duties of responsible officers and qualifying officers, see generally—

(i) Part 12 of the 2003 Act, and

(ii) Part 1 of the 2008 Act;

(c) order the defendant to attend meetings with a supervisor, see section 1(2A) of the Street Offences Act 1959(7).

Under sections 190 or 215 of the 2003 Act(8), or section 1(2) of the 2008 Act(9), the court may impose an electronic monitoring requirement to secure the monitoring of the defendant’s compliance with certain other requirements (for example, a curfew or an exclusion).]

Commencement Information

I1 Rule 28.2 in force at 5.10.2020, see Preamble

(1)

2003 c. 44; section 219(1) was amended by article 3 of, and paragraphs 19(1) and (12) of Schedule 1 to, S.I. 2008/912.

(2)

2008 c. 4.

(3)

1959 c. 57; section 1A was inserted by section 17(1) and (3) of the Policing and Crime Act 2009 (c. 26).

(4)

2003 c. 44; section 189 was amended by articles 2(1) and (2), and 3(1) and (2) of S.I. 2005/643 and section 68 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(5)

2003 c. 44; section 177 was amended by section 6 of, and paragraphs 71 and 82 of Schedule 4 to, the Criminal Justice and Immigration Act 2008 (c. 4), sections 66, 70 and 72 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 44 of, and paragraphs 1, 2, 11 and 12 of Schedule 16 to, the Crime and Courts Act 2013 (c. 22) and section 15 of, and paragraphs 1 and 2 of Schedule 5 to, the Offender Rehabilitation Act 2014 (c. 11). It is further amended by section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.

(6)

2008 c. 4.

(7)

1959 c. 57; section 1(2A) was inserted by section 17(1) and (3) of the Policing and Crime Act 2009 (c. 26).

(8)

2003 c. 44; section 190 was amended by sections 68 and 72 of, and paragraphs 2 and 4 of Schedule 9 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 44 of, and paragraphs 11 and 13 of Schedule 16 to, the Crime and Courts Act 2013 (c. 22), and section 15 of, and paragraphs 1 and 3 of Schedule 5 to, the Offender Rehabilitation Act 2014 (c. 11). It is further amended by section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed. Section 215 was amended by section 44 of, and paragraphs 11 and 16 of Schedule 16 to, the Crime and Courts Act 2013 (c. 22). It is further amended by section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.

(9)

2008 c. 4.