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177 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 | 5 |
no other requirement mentioned in section 160(1) or, as the case | |
requires, section 164(1) or 171(1), and | |
(ii) imposes an electronic monitoring requirement, | |
the person who under section 195(3) is responsible for the electronic | |
monitoring required by the order, | 10 |
(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 | 15 |
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 | 20 |
the order or a member of a youth offending team established by a local | |
authority for the time being specified in the order, | |
(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. | 25 |
(3) The Secretary of State may by order— | |
(a) amend subsections (1) and (2), and | |
(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). | 30 |
(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 | |
apply in relation to any relevant order. | |
178 Duties of responsible officer | |
(1) Where a relevant order has effect, it is the duty of the responsible officer— | 35 |
(a) to make any arrangements that are necessary in connection with the | |
requirements imposed by the order, | |
(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 | 40 |
section 177(1)(a). | |
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Requirements available in case of all offenders | |
179 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 180. | 5 |
(2) The number of hours which a person may be required to work under an | |
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. | 10 |
(3) A court may not impose an unpaid work requirement in respect of an offender | |
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— | 15 |
(a) in the case of an offender aged 18 or over, an officer of a local probation | |
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. | 20 |
(5) Where the court makes relevant orders in respect of two or more offences of | |
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 | |
additional to those specified in any other of those orders, but so that the total | 25 |
number of hours which are not concurrent does not exceed the maximum | |
specified in subsection (2)(b). | |
180 Obligations of person subject to unpaid work requirement | |
(1) An offender in respect of whom an unpaid work requirement of a relevant | |
order is in force must perform for the number of hours specified in the order | 30 |
such work at such times as he may be instructed by the responsible officer. | |
(2) Subject to paragraph 20 of Schedule 7 and paragraph 17 of Schedule 9 (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 | |
performed during a period of twelve months. | 35 |
(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 | |
order, the supervision period as defined by section 170(1)(a) continues until the | 40 |
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 170(1)(b)(ii). | |
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181 Activity requirement | |
(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 | 5 |
specified; | |
(b) participate in activities specified in the order on such number of days | |
as may be so specified. | |
(2) The activities that may be specified under subsection (1)(b) include, in | |
particular, activities having a reparative purpose. | 10 |
(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 | 15 |
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 | 20 |
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. | 25 |
(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 | 30 |
(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 | 35 |
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 | 40 |
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 | 45 |
participate in activities on the number of days specified in the order, | |
and | |
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(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— | |
(a) at which non-residential facilities are provided for use in connection | |
with the rehabilitation of offenders, and | 5 |
(b) which are for the time being approved by the Secretary of State as | |
providing facilities suitable for persons subject to relevant orders | |
imposing supervision requirements. | |
182 Programme requirement | |
(1) In this Part “programme requirement”, in relation to a relevant order, means a | 10 |
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 | |
being accredited by the accreditation body. | 15 |
(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. | |
(4) A court may not include a programme requirement in a relevant order | 20 |
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 — | |
(i) in the case of an offender aged 18 or over, by an officer of a local | 25 |
probation board, or | |
(ii) in the case of an offender aged under 18, either by an officer of | |
a local probation board or a by member of a youth offending | |
team, and | |
(b) the court is satisfied that the programme is (or, where the relevant | 30 |
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 | |
other than the offender and the offender’s responsible officer, unless that other | 35 |
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 | |
participate in the accredited programme at the place specified in the | 40 |
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 | |
local probation board for the area in which the premises are situated as | 45 |
providing facilities suitable for persons subject to programme requirements. | |
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