|
| |
| |
183 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 | |
activities specified in the order— | |
(a) on a day or days so specified, or | 5 |
(b) during a period so specified. | |
(2) A court may not include a prohibited activity requirement in a relevant order | |
unless it has consulted— | |
(a) in the case of an offender aged 18 or over, an officer of a local probation | |
board; | 10 |
(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 | |
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). | 15 |
184 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 | |
relevant order, at a place so specified. | |
(2) A relevant order imposing a curfew requirement may specify different places | 20 |
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. | |
(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. | 25 |
(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 | |
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 | 30 |
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 | |
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). | 35 |
185 Exclusion requirement | |
(1) In this Part “exclusion requirement”, in relation to a relevant order, means a | |
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 | 40 |
be more than two years. | |
(3) An exclusion requirement— | |
| |
| |
|
| |
| |
(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. | |
186 Residence requirement | 5 |
(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 | 10 |
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 | 15 |
offender must reside, except on the recommendation of an officer of a local | |
probation board. | |
187 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 | 20 |
periods specified in the order, to treatment by or under the direction of a | |
registered medical practitioner or a chartered psychologist (or both, for | |
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 | 25 |
as may be specified in the relevant order— | |
(a) treatment as a resident patient in an independent hospital or care home | |
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 | 30 |
meaning of that Act are provided; | |
(b) treatment as a non-resident patient at such institution or place as may | |
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; | 35 |
but the nature of the treatment is not to be specified in the order except as | |
mentioned in paragraph (a), (b) or (c). | |
(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 | 40 |
practitioner approved for the purposes of section 12 of the Mental | |
Health Act 1983 (c. 20), that the mental condition of the offender— | |
(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; | 45 |
| |
| |
|
| |
| |
(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 | |
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 | 5 |
requirement. | |
(4) While the offender is under treatment as a resident patient in pursuance of a | |
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. | 10 |
(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 | |
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 188, “chartered psychologist” means a person for the | 15 |
time being listed in the British Psychological Society’s Register of Chartered | |
Psychologists. | |
188 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 | 20 |
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 | |
or place which— | |
(a) is not specified in the relevant order, and | |
(b) is one in or at which the treatment of the offender will be given by or | 25 |
under the direction of a registered medical practitioner or chartered | |
psychologist, | |
he may, with the consent of the offender, make arrangements for him to be | |
treated accordingly. | |
(2) Such arrangements as are mentioned in subsection (1) may provide for the | 30 |
offender to receive part of his treatment as a resident patient in an institution | |
or place notwithstanding that the institution or place is not one which could | |
have been specified for that purpose in the relevant order. | |
(3) Where any such arrangements as are mentioned in subsection (1) are made for | |
the treatment of an offender— | 35 |
(a) the medical practitioner or chartered psychologist by whom the | |
arrangements are made shall give notice in writing to the offender’s | |
responsible officer, specifying the institution or place in or at which | |
the treatment is to be carried out; and | |
(b) the treatment provided for by the arrangements shall be deemed to | 40 |
be treatment to which he is required to submit in pursuance of the | |
relevant order. | |
189 Drug rehabilitation requirement | |
(1) In this Part “drug rehabilitation requirement”, in relation to a community order | |
or suspended sentence order, means a requirement that during a period | 45 |
specified in the order (“the treatment and testing period”) the offender— | |
| |
| |
|
| |
| |
(a) must submit to treatment by or under the direction of a specified | |
person having the necessary qualifications or experience with a view to | |
the reduction or elimination of the offender’s dependency on or | |
propensity to misuse drugs, and | |
(b) for the purpose of ascertaining whether he has any drug in his body | 5 |
during that period, must provide samples of such description as may | |
be so determined, at such times or in such circumstances as may | |
(subject to the provisions of the order) be determined by the | |
responsible officer or by the person specified as the person by or under | |
whose direction the treatment is to be provided. | 10 |
(2) A court may not impose a drug rehabilitation requirement unless— | |
(a) it is satisfied— | |
(i) that the offender is dependent on, or has a propensity to misuse, | |
drugs, and | |
(ii) that his dependency or propensity is such as requires and may | 15 |
be susceptible to treatment, | |
(b) it is also satisfied that arrangements have been or can be made for the | |
treatment intended to be specified in the order (including | |
arrangements for the reception of the offender where he is to be | |
required to submit to treatment as a resident), | 20 |
(c) the requirement has been recommended to the court as being suitable | |
for the offender— | |
(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 | 25 |
a local probation board or by a member of a youth offending | |
team, and | |
(d) the offender expresses his willingness to comply with the requirement. | |
(3) The treatment and testing period must be at least six months. | |
(4) The required treatment for any particular period must be— | 30 |
(a) treatment as a resident in such institution or place as may be specified | |
in the order, or | |
(b) treatment as a non-resident in or at such institution or place, and at | |
such intervals, as may be so specified; | |
but the nature of the treatment is not to be specified in the order except as | 35 |
mentioned in paragraph (a) or (b) above. | |
(5) The function of making a determination as to the provision of samples under | |
provision included in the community order or suspended sentence order by | |
virtue of subsection (1)(b) is to be exercised in accordance with guidance given | |
from time to time by the Secretary of State. | 40 |
(6) A community order or suspended sentence order imposing a drug | |
rehabilitation requirement must provide that the results of tests carried out on | |
any samples provided by the offender in pursuance of the requirement to a | |
person other than the responsible officer are to be communicated to the | |
responsible officer. | 45 |
(7) In this section “drug” means a controlled drug as defined by section 2 of the | |
Misuse of Drugs Act 1971 (c. 38). | |
| |
| |
|
