The Criminal Procedure Rules 2020

Notice to supervisor of requirement for supervision or monitoring E+W

[F1 31.9.]—(1) This rule applies where—

(a) the legislation under which a behaviour order is made allows the court to impose a requirement for supervision or electronic monitoring; and

(b) the court imposes such a requirement.

(2) The court officer must—

(a) inform the person to be responsible for the supervision or monitoring (‘the supervisor’) of the defendant’s name, address and, if available, telephone number, and as appropriate—

(i) details of the requirement to be supervised or monitored, and

(ii) details of the place at which the defendant’s presence must be monitored and the period or periods during which the defendant’s presence at that place must be monitored;

(b) inform the defendant of the supervisor’s identity and the means by which the supervisor may be contacted; and

(c) notify the supervisor of any subsequent variation, renewal, discharge or revocation of the requirement.

[F2 [Note. The legislation that gives the court power to make a behaviour order may specify circumstances in which a requirement for supervision or electronic monitoring may be imposed.

Under section 347A of the Sentencing Act 2020and under section 36 of the Domestic Abuse Act 2021a sexual harm prevention order or a domestic abuse protection order, respectively, which imposes a requirement, other than an electronic monitoring requirement, on the defendant must specify the person or organisation responsible for supervising compliance with that requirement. [F3 Under section 23 of the Public Order Act 2023 a serious disruption prevention order which imposes a requirement other than a notification requirement under section 24 of that Act must similarly specify a supervisor.] Before including such a requirement in an order the court must receive evidence from that supervisor about the requirement’s suitability and enforceability.

Under section 348A of the Sentencing Act 2020and under section 37 of the Domestic Abuse Act 2021a sexual harm prevention order or a domestic abuse protection order, respectively, which imposes an electronic monitoring requirement on the defendant must specify the person responsible for that monitoring. If there is a person other than the defendant without whose co-operation it would be impracticable to secure that monitoring, the requirement may not be imposed without that person’s consent.]]

Textual Amendments

F1 Rule 31.10 renumbered as rule 31.9 (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 13(g)

F2 Rule 31.10 Note substituted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 9(b)

F3 Words in rule 31.9 Note inserted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 13(h)