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“the number of custodial days”, in relation to a term of imprisonment to | |
which an intermittent custody order relates, has the meaning given by | |
section 165(3); | |
“operational period” and “supervision period”, in relation to a suspended | |
sentence, are to be read in accordance with section 171(1); | 5 |
“sentence of imprisonment” does not include a committal for contempt of | |
court or any kindred offence. | |
Chapter 4 | |
Further provisions about orders under Chapters 2 and 3 | |
Introductory | 10 |
178 Meaning of “relevant order” | |
(1) In this Chapter “relevant order” means— | |
(a) a community order, | |
(b) a custody plus order, | |
(c) a suspended sentence order, or | 15 |
(d) an intermittent custody order. | |
(2) In this Chapter any reference to a requirement being imposed by, or included | |
in, a relevant order is, in relation to a custody plus order or an intermittent | |
custody order, a reference to compliance with the requirement being required | |
by the order to be a condition of a licence. | 20 |
179 Meaning of “the responsible officer” | |
(1) For the purposes of this Part, “the responsible officer”, in relation to an offender | |
to whom a relevant order relates, means— | |
(a) in a case where the order— | |
(i) imposes a curfew requirement or an exclusion requirement but | 25 |
no other requirement mentioned in section 159(1) or, as the case | |
requires, section 164(1) or 172(1), and | |
(ii) imposes an electronic monitoring requirement, | |
the person who under section 197(3) is responsible for the electronic | |
monitoring required by the order; | 30 |
(b) in a case where the offender is aged 18 or over and the only requirement | |
imposed by the order is an attendance centre requirement, the officer in | |
charge of the attendance centre in question; | |
(c) in any other case, the qualifying officer who, as respects the offender, is | |
for the time being responsible for discharging the functions conferred | 35 |
by this Part on the responsible officer. | |
(2) The following are qualifying officers for the purposes of subsection (1)(c) — | |
(a) in a case where the offender is aged under 18 at the time when the | |
relevant order is made, an officer of a local probation board appointed | |
for or assigned to the petty sessions area for the time being specified in | 40 |
the order or a member of a youth offending team established by a local | |
authority for the time being specified in the order; | |
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(b) in any other case, an officer of a local probation board appointed for or | |
assigned to the petty sessions area for the time being specified in the | |
order. | |
(3) The Secretary of State may by order— | |
(a) amend subsections (1) and (2), and | 5 |
(b) make any other amendments of this Part that appear to him to be | |
necessary or expedient in consequence of any amendment made by | |
virtue of paragraph (a). | |
(4) An order under subsection (3) may, in particular, provide for the court to | |
determine which of two or more descriptions of “responsible officer” is to | 10 |
apply in relation to any relevant order. | |
180 Duties of responsible officer | |
(1) Where a relevant order has effect, it is the duty of the responsible officer— | |
(a) to make any arrangements that are necessary in connection with the | |
requirements imposed by the order, | 15 |
(b) to promote the offender’s compliance with those requirements, and | |
(c) where appropriate, to take steps to enforce those requirements. | |
(2) In this section “responsible officer” does not include a person falling within | |
section 179(1)(a). | |
Requirements available in case of all offenders | 20 |
181 Unpaid work requirement | |
(1) In this Part “unpaid work requirement”, in relation to a relevant order, means | |
a requirement that the offender must perform unpaid work in accordance with | |
section 182. | |
(2) The number of hours which a person may be required to work under an | 25 |
unpaid work requirement must be specified in the relevant order and must be | |
in the aggregate— | |
(a) not less than 40, and | |
(b) not more than 300. | |
(3) A court may not impose an unpaid work requirement in respect of an offender | 30 |
unless after hearing (if the courts thinks necessary) an appropriate officer, the | |
court is satisfied that the offender is a suitable person to perform work under | |
such a requirement. | |
(4) In subsection (3) “an appropriate officer” means— | |
(a) in the case of an offender aged 18 or over, an officer of a local probation | 35 |
board, and | |
(b) in the case of an offender aged under 18, an officer of a local probation | |
board, a social worker of a local authority social services department or | |
a member of a youth offending team. | |
(5) Where the court makes relevant orders in respect of two or more offences of | 40 |
which the offender has been convicted on the same occasion and includes | |
unpaid work requirements in each of them, the court may direct that the hours | |
of work specified in any of those requirements is to be concurrent with or | |
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additional to those specified in any other of those orders, but so that the total | |
number of hours which are not concurrent does not exceed the maximum | |
specified in subsection (2)(b). | |
182 Obligations of person subject to unpaid work requirement | |
(1) An offender in respect of whom an unpaid work requirement of a relevant | 5 |
order is in force must perform for the number of hours specified in the order | |
such work at such times as he may be instructed by the responsible officer. | |
(2) Subject to paragraph 20 of Schedule 7 and paragraph 18 of Schedule 11 (power | |
to extend order), the work required to be performed under an unpaid work | |
requirement of a community order or a suspended sentence order must be | 10 |
performed during a period of twelve months. | |
(3) Unless revoked, a community order imposing an unpaid work requirement | |
remains in force until the offender has worked under it for the number of hours | |
specified in it. | |
(4) Where an unpaid work requirement is imposed by a suspended sentence | 15 |
order, the supervision period as defined by section 171(1)(a) continues until the | |
offender has worked under the order for the number of hours specified in the | |
order, but does not continue beyond the end of the operational period as | |
defined by section 171(1)(b)(ii). | |
183 Activity requirement | 20 |
(1) In this Part “activity requirement”, in relation to a relevant order, means a | |
requirement that the offender must do either or both of the following— | |
(a) present himself to a person or persons specified in the relevant order at | |
a place or places so specified on such number of days as may be so | |
specified; | 25 |
(b) participate in activities specified in the order on such number of days | |
as may be so specified. | |
(2) The specified activities may consist of or include activities whose purpose is | |
that of reparation, such as activities involving contact between offenders and | |
persons affected by their offences. | 30 |
(3) A court may not include an activity requirement in a relevant order unless— | |
(a) it has consulted— | |
(i) in the case of an offender aged 18 or over, an officer of a local | |
probation board, | |
(ii) in the case of an offender aged under 18, either an officer of a | 35 |
local probation board or a member of a youth offending team, | |
and | |
(b) it is satisfied that it is feasible to secure compliance with the | |
requirement. | |
(4) A court may not include an activity requirement in a relevant order if | 40 |
compliance with that requirement would involve the co-operation of a person | |
other than the offender and the offender’s responsible officer, unless that other | |
person consents to its inclusion. | |
(5) The aggregate of the number of days specified under subsection (1)(a) and (b) | |
must not exceed 60. | 45 |
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(6) A requirement such as is mentioned in subsection (1)(a) operates to require the | |
offender— | |
(a) in accordance with instructions given by his responsible officer, to | |
present himself at a place or places on the number of days specified in | |
the order, and | 5 |
(b) while at any place, to comply with instructions given by, or under the | |
authority of, the person in charge of that place. | |
(7) A place specified under subsection (1)(a) must be— | |
(a) a community rehabilitation centre, or | |
(b) a place that has been approved by the local probation board for the area | 10 |
in which the premises are situated as providing facilities suitable for | |
persons subject to activity requirements. | |
(8) Where the place specified under subsection (1)(a) is a community | |
rehabilitation centre, the reference in subsection (6)(a) to the offender | |
presenting himself at the specified place includes a reference to him presenting | 15 |
himself elsewhere than at the centre for the purpose of participating in | |
activities in accordance with instructions given by, or under the authority of, | |
the person in charge of the centre. | |
(9) A requirement to participate in activities operates to require the offender— | |
(a) in accordance with instructions given by his responsible officer, to | 20 |
participate in activities on the number of days specified in the order, | |
and | |
(b) while participating, to comply with instructions given by, or under the | |
authority of, the person in charge of the activities. | |
(10) In this section “community rehabilitation centre” means premises— | 25 |
(a) at which non-residential facilities are provided for use in connection | |
with the rehabilitation of offenders, and | |
(b) which are for the time being approved by the Secretary of State as | |
providing facilities suitable for persons subject to relevant orders. | |
184 Programme requirement | 30 |
(1) In this Part “programme requirement”, in relation to a relevant order, means a | |
requirement that the offender must participate in an accredited programme | |
specified in the order at a place so specified on such number of days as may be | |
so specified. | |
(2) In this Part “accredited programme” means a programme that is for the time | 35 |
being accredited by the accreditation body. | |
(3) In this section— | |
(a) “programme” means a systematic set of activities, and | |
(b) “the accreditation body” means such body as the Secretary of State may | |
designate for the purposes of this section by order. | 40 |
(4) A court may not include a programme requirement in a relevant order | |
unless— | |
(a) the accredited programme which the court proposes to specify in the | |
order has been recommended to the court as being suitable for the | |
offender— | 45 |
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(i) in the case of an offender aged 18 or over, by an officer of a local | |
probation board, or | |
(ii) in the case of an offender aged under 18, either by an officer of | |
a local probation board or by a member of a youth offending | |
team, and | 5 |
(b) the court is satisfied that the programme is (or, where the relevant | |
order is a custody plus order or an intermittent custody order, will be) | |
available at the place proposed to be specified. | |
(5) A court may not include a programme requirement in a relevant order if | |
compliance with that requirement would involve the co-operation of a person | 10 |
other than the offender and the offender’s responsible officer, unless that other | |
person consents to its inclusion. | |
(6) A requirement to attend an accredited programme operates to require the | |
offender— | |
(a) in accordance with instructions given by the responsible officer, to | 15 |
participate in the accredited programme at the place specified in the | |
order on the number of days specified in the order, and | |
(b) while at that place, to comply with instructions given by, or under the | |
authority of, the person in charge of the programme. | |
(7) A place specified in an order must be a place that has been approved by the | 20 |
local probation board for the area in which the premises are situated as | |
providing facilities suitable for persons subject to programme requirements. | |
185 Prohibited activity requirement | |
(1) In this Part “prohibited activity requirement”, in relation to a relevant order, | |
means a requirement that the offender must refrain from participating in | 25 |
activities specified in the order— | |
(a) on a day or days so specified, or | |
(b) during a period so specified. | |
(2) A court may not include a prohibited activity requirement in a relevant order | |
unless it has consulted— | 30 |
(a) in the case of an offender aged 18 or over, an officer of a local probation | |
board; | |
(b) in the case of an offender aged under 18, either an officer of a local | |
probation board or a member of a youth offending team. | |
(3) The requirements that may by virtue of this section be included in a relevant | 35 |
order include a requirement that the offender does not possess, use or carry a | |
firearm within the meaning of the Firearms Act 1968 (c. 27). | |
186 Curfew requirement | |
(1) In this Part “curfew requirement”, in relation to a relevant order, means a | |
requirement that the offender must remain, for periods specified in the | 40 |
relevant order, at a place so specified. | |
(2) A relevant order imposing a curfew requirement may specify different places | |
or different periods for different days, but may not specify periods which | |
amount to less than two hours or more than twelve hours in any day. | |
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(3) A community order or suspended sentence order which imposes a curfew | |
requirement may not specify periods which fall outside the period of six | |
months beginning with the day on which it is made. | |
(4) A custody plus order which imposes a curfew requirement may not specify a | |
period which falls outside the period of six months beginning with the first day | 5 |
of the licence period as defined by section 163(3)(b). | |
(5) An intermittent custody order which imposes a curfew requirement must not | |
specify a period if to do so would cause the aggregate number of days on which | |
the offender is subject to the requirement for any part of the day to exceed 182. | |
(6) Before making a relevant order imposing a curfew requirement, the court must | 10 |
obtain and consider information about the place proposed to be specified in the | |
order (including information as to the attitude of persons likely to be affected | |
by the enforced presence there of the offender). | |
187 Exclusion requirement | |
(1) In this Part “exclusion requirement”, in relation to a relevant order, means a | 15 |
provision prohibiting the offender from entering a place specified in the order | |
for a period so specified. | |
(2) Where the relevant order is a community order, the period specified must not | |
be more than two years. | |
(3) An exclusion requirement— | 20 |
(a) may provide for the prohibition to operate only during the periods | |
specified in the order, and | |
(b) may specify different places for different periods or days. | |
(4) In this section “place” includes an area. | |
188 Residence requirement | 25 |
(1) In this Part, “residence requirement”, in relation to a community order or a | |
suspended sentence order, means a requirement that, during a period specified | |
in the relevant order, the offender must reside at a place specified in the order. | |
(2) If the order so provides, a residence requirement does not prohibit the offender | |
from residing, with the prior approval of the responsible officer, at a place | 30 |
other than that specified in the order. | |
(3) Before making a community order or suspended sentence order containing a | |
residence requirement, the court must consider the home surroundings of the | |
offender. | |
(4) A court may not specify a hostel or other institution as the place where an | 35 |
offender must reside, except on the recommendation of an officer of a local | |
probation board. | |
189 Mental health treatment requirement | |
(1) In this Part, “mental health treatment requirement”, in relation to a relevant | |
order, means a requirement that the offender must submit, during a period or | 40 |
periods specified in the order, to treatment by or under the direction of a | |
registered medical practitioner or a chartered psychologist (or both, for | |
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different periods) with a view to the improvement of the offender’s mental | |
condition. | |
(2) The treatment required must be such one of the following kinds of treatment | |
as may be specified in the relevant order— | |
(a) treatment as a resident patient in an independent hospital or care home | 5 |
within the meaning of the Care Standards Act 2000 (c. 14) or a hospital | |
within the meaning of the Mental Health Act 1983 (c. 20), but not in | |
hospital premises where high security psychiatric services within the | |
meaning of that Act are provided; | |
(b) treatment as a non-resident patient at such institution or place as may | 10 |
be specified in the order; | |
(c) treatment by or under the direction of such registered medical | |
practitioner or chartered psychologist (or both) as may be so specified; | |
but the nature of the treatment is not to be specified in the order except as | |
mentioned in paragraph (a), (b) or (c). | 15 |
(3) A court may not by virtue of this section include a mental health treatment | |
requirement in a relevant order unless— | |
(a) the court is satisfied, on the evidence of a registered medical | |
practitioner approved for the purposes of section 12 of the Mental | |
Health Act 1983, that the mental condition of the offender— | 20 |
(i) is such as requires and may be susceptible to treatment, but | |
(ii) is not such as to warrant the making of a hospital order or | |
guardianship order within the meaning of that Act; | |
(b) the court is also satisfied that arrangements have been or can be made | |
for the treatment intended to be specified in the order (including | 25 |
arrangements for the reception of the offender where he is to be | |
required to submit to treatment as a resident patient); and | |
(c) the offender has expressed his willingness to comply with such a | |
requirement. | |
(4) While the offender is under treatment as a resident patient in pursuance of a | 30 |
mental health requirement of a relevant order, his responsible officer shall | |
carry out the supervision of the offender to such extent only as may be | |
necessary for the purpose of the revocation or amendment of the order. | |
(5) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 (c. 20) have | |
effect with respect to proof for the purposes of subsection (3)(a) of an offender’s | 35 |
mental condition as they have effect with respect to proof of an offender’s | |
mental condition for the purposes of section 37(2)(a) of that Act. | |
(6) In this section and section 190, “chartered psychologist” means a person for the | |
time being listed in the British Psychological Society’s Register of Chartered | |
Psychologists. | 40 |
190 Mental health treatment at place other than that specified in order | |
(1) Where the medical practitioner or chartered psychologist by whom or under | |
whose direction an offender is being treated for his mental condition in | |
pursuance of a mental health treatment requirement is of the opinion that part | |
of the treatment can be better or more conveniently given in or at an institution | 45 |
or place which— | |
(a) is not specified in the relevant order, and | |
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