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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    99

 

 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

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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,

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           (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

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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

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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.

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     (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).

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     (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—

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           (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

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section 177(1)(a).

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    100

 

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.

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     (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.

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     (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—

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           (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.

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     (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

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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

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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.

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     (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

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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).

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    101

 

 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

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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.

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     (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

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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

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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.

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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

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           (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

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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

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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

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participate in activities on the number of days specified in the order,

and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    102

 

           (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

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           (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

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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.

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     (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

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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

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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

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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

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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

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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

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providing facilities suitable for persons subject to programme requirements.

 

 

 
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