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190 Drug rehabilitation requirement: provision for review by court | |
(1) A community order or suspended sentence order imposing a drug | |
rehabilitation requirement may (and must if the treatment and testing period | |
is more than 12 months)— | |
(a) provide for the requirement to be reviewed periodically at intervals of | 5 |
not less than one month, | |
(b) provide for each review of the requirement to be made, subject to | |
section 191(6), at a hearing held for the purpose by the court responsible | |
for the order (a “review hearing”), | |
(c) require the offender to attend each review hearing, | 10 |
(d) provide for the responsible officer to make to the court responsible for | |
the order, before each review, a report in writing on the offender’s | |
progress under the requirement, and | |
(e) provide for each such report to include the test results communicated | |
to the responsible officer under section 189(6) or otherwise and the | 15 |
views of the treatment provider as to the treatment and testing of the | |
offender. | |
(2) In this section references to the court responsible for a community order or | |
suspended sentence order imposing a drug rehabilitation requirement are | |
references— | 20 |
(a) where a court is specified in the order in accordance with subsection (3), | |
to that court; | |
(b) in any other case, to the court by which the order is made. | |
(3) Where the area specified in a community order or suspended sentence order | |
which is made by a magistrates’ court and imposes a drug rehabilitation | 25 |
requirement is not the area for which the court acts, the court may, if it thinks | |
fit, include in the order provision specifying for the purposes of subsection (2) | |
a magistrates’ court which acts for the area specified in the order. | |
(4) Where a community order or suspended sentence order imposing a drug | |
rehabilitation requirement has been made on an appeal brought from the | 30 |
Crown Court or from the criminal division of the Court of Appeal, for the | |
purposes of subsection(2)(b) it shall be taken to have been made by the Crown | |
Court. | |
191 Periodic review of drug rehabilitation requirement | |
(1) At a review hearing (within the meaning given by subsection (1) of section 190) | 35 |
the court may, after considering the responsible officer’s report referred to in | |
that subsection, amend the community order or suspended sentence order, so | |
far as it relates to the drug rehabilitation requirement. | |
(2) The court— | |
(a) may not amend the drug rehabilitation requirement unless the offender | 40 |
expresses his willingness to comply with the requirement as amended, | |
(b) may not amend any provision of the order so as to reduce the period for | |
which the drug rehabilitation requirement has effect below the | |
minimum specified in section 189(3), and | |
(c) except with the consent of the offender, may not amend any | 45 |
requirement or provision of the order while an appeal against the order | |
is pending. | |
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(3) If the offender fails to express his willingness to comply with the drug | |
rehabilitation requirement as proposed to be amended by the court, the court | |
may— | |
(a) revoke the community order, or the suspended sentence order and the | |
suspended sentence to which it relates, and | 5 |
(b) deal with him, for the offence in respect of which the order was made, | |
in any way in which it could deal with him if he had just been convicted | |
by the court of the offence. | |
(4) In dealing with the offender under subsection (3)(b), the court— | |
(a) shall take into account the extent to which the offender has complied | 10 |
with the requirements of the order, and | |
(b) may impose a custodial sentence (where the order was made in respect | |
of an offence punishable with such a sentence) notwithstanding | |
anything in section 135(4). | |
(5) Where the order is a community order made by a magistrates’ court in the case | 15 |
of an offender under 18 years of age in respect of an offence triable only on | |
indictment in the case of an adult, any powers exercisable under subsection | |
(3)(b) in respect of the offender after he attains the age of 18 are powers to do | |
either or both of the following— | |
(a) to impose a fine not exceeding £5,000 for the offence in respect of which | 20 |
the order was made; | |
(b) to deal with the offender for that offence in any way in which the court | |
could deal with him if it had just convicted him of an offence | |
punishable with imprisonment for a term not exceeding twelve | |
months. | 25 |
(6) If at a review hearing (as defined by section 190(1)(b)) the court, after | |
considering the responsible officer’s report, is of the opinion that the offender’s | |
progress under the requirement is satisfactory, the court may so amend the | |
order as to provide for each subsequent review to be made by the court without | |
a hearing. | 30 |
(7) If at a review without a hearing the court, after considering the responsible | |
officer’s report, is of the opinion that the offender’s progress under the | |
requirement is no longer satisfactory, the court may require the offender to | |
attend a hearing of the court at a specified time and place. | |
(8) At that hearing the court, after considering that report, may— | 35 |
(a) exercise the powers conferred by this section as if the hearing were a | |
review hearing, and | |
(b) so amend the order as to provide for each subsequent review to be | |
made at a review hearing. | |
(9) In this section any reference to the court, in relation to a review without a | 40 |
hearing, are to be read— | |
(a) in the case of the Crown Court, as a reference to a judge of the court; | |
(b) in the case of a magistrates’ court, as a reference to a justice of the peace | |
acting for the commission area for which the court acts. | |
192 Alcohol treatment requirement | 45 |
(1) In this Part “alcohol treatment requirement”, in relation to a relevant order, | |
means a requirement that the offender must submit during a period specified | |
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(1) in the order 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 alcohol. | |
(2) A court may not impose an alcohol treatment requirement in respect of an | |
offender unless it is satisfied— | 5 |
(a) that he is dependent on alcohol, and | |
(b) that his dependency is such as requires and may be susceptible to | |
treatment. | |
(3) A court may not impose an alcohol treatment requirement unless the offender | |
expresses his willingness to comply with its requirements. | 10 |
(4) The period for which the alcohol treatment requirement has effect must be not | |
less than six months. | |
(5) The treatment required by an alcohol treatment requirement for any particular | |
period must be— | |
(a) treatment as a resident in such institution or place as may be specified | 15 |
in the order, | |
(b) treatment as a non-resident in or at such institution or place, and at | |
such intervals, as may be so specified, or | |
(c) treatment by or under the direction of such person having the | |
necessary qualification or experience as may be so specified; | 20 |
but the nature of the treatment shall not be specified in the order except as | |
mentioned in paragraph (a), (b) or (c) above. | |
193 Supervision requirement | |
(1) In this Part “supervision requirement”, in relation to a relevant order, means a | |
requirement that, during the relevant period, the offender must attend | 25 |
appointments with the responsible officer or another person determined by the | |
responsible officer, at such time and place as may be determined by the officer. | |
(2) The purpose for which a supervision requirement may be imposed is that of | |
promoting the offender’s rehabilitation. | |
(3) In subsection (1) “the relevant period” means— | 30 |
(a) in relation to a community order, the period for which the community | |
order remains in force, | |
(b) in relation to a custody plus order, the licence period as defined by | |
section 163(3)(b), | |
(c) in relation to an intermittent custody order, the licence periods as | 35 |
defined by section 165(3), and | |
(d) in relation to a suspended sentence order, the supervision period as | |
defined by section 170(1)(a). | |
Requirements available only in case of offenders aged under 25 | |
194 Attendance centre requirement | 40 |
(1) In this Part “attendance centre requirement”, in relation to a relevant order, | |
means a requirement that the offender must attend at an attendance centre | |
specified in the relevant order for such number of hours as may be so specified. | |
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(2) The aggregate number of hours for which the offender may be required to | |
attend at an attendance centre must not be less than 12 or more than 36. | |
(3) The court may not impose an attendance centre requirement unless the court | |
is satisfied that the attendance centre to be specified in it is reasonably | |
accessible to the offender concerned, having regard to the means of access | 5 |
available to him and any other circumstances. | |
(4) The first time at which the offender is required to attend at the attendance | |
centre is a time notified to the offender by the responsible officer. | |
(5) The subsequent hours are to be fixed by the officer in charge of the centre, | |
having regard to the offender’s circumstances. | 10 |
(6) An offender may not be required under this section to attend at an attendance | |
centre on more than one occasion on any day, or for more than three hours on | |
any occasion. | |
Electronic monitoring | |
195 Electronic monitoring requirement | 15 |
(1) In this Part “electronic monitoring requirement”, in relation to a relevant order, | |
means a requirement for securing the electronic monitoring of the offender’s | |
compliance with other requirements imposed by the order during a period | |
specified in the order, or determined by the responsible officer in accordance | |
with the relevant order. | 20 |
(2) Where— | |
(a) it is proposed to include in a relevant order a requirement for securing | |
electronic monitoring in accordance with this section, but | |
(b) there is a person (other than the offender) without whose co-operation | |
it will not be practicable to secure the monitoring, | 25 |
the requirement may not be included in the order without that person’s | |
consent. | |
(3) A relevant order which includes an electronic monitoring requirement must | |
include provision for making a person responsible for the monitoring; and a | |
person who is made so responsible must be of a description specified in an | 30 |
order made by the Secretary of State. | |
(4) Where an electronic monitoring requirement is required to take effect during a | |
period determined by the responsible officer in accordance with the relevant | |
order, the responsible officer must, before the beginning of that period, notify | |
(a) the offender, | 35 |
(b) the person responsible for the monitoring, and | |
(c) any person falling within subsection (2)(b), | |
of the time when the period is to begin. | |
Provisions applying to relevant orders generally | |
196 Petty sessions area to be specified in relevant order | 40 |
(1) A community order or suspended sentence order must specify the petty | |
sessions area in which the offender resides or will reside. | |
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(2) A custody plus order or an intermittent custody order must specify the petty | |
sessions area in which the offender will reside— | |
(a) in the case of a custody plus order, during the licence periods as defined | |
by section 163(3)(b), or | |
(b) in the case of an intermittent custody order, during the licence periods | 5 |
as defined by section 165(3). | |
197 Requirement to avoid conflict with religious beliefs, etc | |
(1) The court must ensure, as far as practicable, that any requirement imposed by | |
a relevant order is such as to avoid— | |
(a) any conflict with the offender’s religious beliefs or with the | 10 |
requirements of any other relevant order to which he may be subject; | |
and | |
(b) any interference with the times, if any, at which he normally works or | |
attends school or any other educational establishment. | |
(2) The responsible officer in relation to an offender to whom a relevant order | 15 |
relates must ensure, as far as practicable, that any instructions given or | |
requirement imposed by him in pursuance of the order is such as to avoid the | |
conflict or interference mentioned in subsection (1). | |
(3) The Secretary of State may by order provide that subsection (1) or (2) is to have | |
effect with such additional restrictions as may be specified in the order. | 20 |
198 Availability of arrangements in local area | |
(1) A court may not include an unpaid work requirement in a relevant order | |
unless the court is satisfied that provision for the offender to work under such | |
a requirement can be made under the arrangements for persons to perform | |
work under such a requirement which exist in the petty sessions area in which | 25 |
he resides or will reside. | |
(2) A court may not include an activity requirement in a relevant order unless the | |
court is satisfied that provision for the offender to participate in the activities | |
proposed to be specified in the order can be made under the arrangements for | |
persons to participate in such activities which exist in the petty sessions area in | 30 |
which he resides or will reside. | |
(3) A court may not include an attendance centre requirement in a relevant order | |
in respect of an offender unless the court has been notified by the Secretary of | |
State that an attendance centre is available for persons of his description. | |
(4) A court may not include an electronic monitoring requirement in a relevant | 35 |
order in respect of an offender unless the court— | |
(a) has been notified by the Secretary of State that electronic monitoring | |
arrangements are available in the relevant areas mentioned in | |
subsections (5) to (7), and | |
(b) is satisfied that the necessary provision can be made under those | 40 |
arrangements. | |
(5) In the case of a relevant order containing a curfew requirement or an exclusion | |
requirement, the relevant area for the purposes of subsection (4) is the area in | |
which the place proposed to be specified in the order is situated. | |
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(6) In the case of a relevant order containing an attendance centre requirement, the | |
relevant area for the purposes of subsection (4) is the area in which the | |
attendance centre proposed to be specified in the order is situated. | |
(7) In the case of any other relevant order, the relevant area for the purposes of | |
subsection (4) is the petty sessions area proposed to be specified in the order. | 5 |
(8) In subsection (5) “place”, in relation to an exclusion requirement, has the same | |
meaning as in section 185. | |
199 Provision of copies of relevant orders | |
(1) The court by which any relevant order is made must forthwith provide copies | |
of the order— | 10 |
(a) to the offender, | |
(b) if the offender is aged 18 or over, to an officer of a local probation board | |
assigned to the court, | |
(c) if the offender is aged 16 or 17, to an officer of a local probation board | |
assigned to the court or to a member of a youth offending team | 15 |
assigned to the court, and | |
(d) where the order specifies a petty sessions area for which the court | |
making the order does not act, to the local probation board acting for | |
that area. | |
(2) Where a relevant order imposes any requirement specified in the first column | 20 |
of Schedule 10, the court by which the order is made must also forthwith | |
provide the person specified in relation to that requirement in the second | |
column of that Schedule with a copy of so much of the order as relates to that | |
requirement. | |
(3) Where a relevant order specifies a petty sessions area for which the court | 25 |
making the order does not act, the court making the order must provide to the | |
magistrates’s court acting for that area— | |
(a) a copy of the order, and | |
(b) such documents and information relating to the case as it considers | |
likely to be of assistance to a court acting for that area in the exercise of | 30 |
its functions in relation to the order. | |
200 Duty of offender to keep in touch with responsible officer | |
(1) An offender in respect of whom a community order or a suspended sentence | |
order is in force— | |
(a) must keep in touch with the responsible officer in accordance with such | 35 |
instructions as he may from time to time be given by that officer, and | |
(b) must notify him of any change of address. | |
(2) The obligation imposed by subsection (1) is enforceable as if it were a | |
requirement imposed by the order. | |
Powers of Secretary of State | 40 |
201 Provision of attendance centres | |
(1) The Secretary of State may continue to provide attendance centres. | |
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(2) In this Part “attendance centre” means a place at which offenders aged under | |
25 may be required to attend and be given under supervision appropriate | |
occupation or instruction in pursuance of— | |
(a) attendance centre requirements of community orders, or | |
(b) attendance centre orders under section 60 of the Sentencing Act. | 5 |
(3) For the purpose of providing attendance centres, the Secretary of State may | |
make arrangements with any local authority or police authority for the use of | |
premises of that authority. | |
202 Rules | |
The Secretary of State may make rules for regulating— | 10 |
(a) the monitoring of the whereabouts of persons who are subject to curfew | |
requirements or exclusion requirements, | |
(b) without prejudice to the generality of paragraph (a), the functions of | |
persons who are responsible officers in relation to offenders subject to | |
curfew requirements or exclusion requirements, | 15 |
(c) the provision and carrying on of attendance centres and community | |
rehabilitation centres, | |
(d) the attendance of persons subject to activity requirements, attendance | |
centre requirements at the places at which they are required to attend, | |
including hours of attendance, reckoning days of attendance and the | 20 |
keeping of attendance records, | |
(e) electronic monitoring in pursuance of an electronic monitoring | |
requirement, and | |
(f) without prejudice to the generality of paragraph (e), the functions of | |
persons made responsible for securing electronic monitoring in | 25 |
pursuance of such a requirement. | |
203 Power to amend limits | |
(1) The Secretary of State may by order amend subsection (2) of section 179 | |
(unpaid work requirement) by substituting, for the maximum number of hours | |
for the time being specified in that subsection, such other number of hours as | 30 |
may be specified in the order. | |
(2) The Secretary of State may by order amend any of the provisions mentioned in | |
subsection (3) by substituting, for any period for the time being specified in the | |
provision, such other period as may be specified in the order. | |
(3) Those provisions are— | 35 |
(a) section 184(3) (curfew requirement); | |
(b) section 185(2) (exclusion requirement); | |
(c) section 189(3) (drug rehabilitation requirement); | |
(d) section 192(4) (alcohol treatment requirement). | |
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