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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 a by 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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|
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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 165(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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(1) 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 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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|
| |
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(b) is one in or at which the treatment of the offender will be given by or | |
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. | 5 |
(2) Such arrangements as are mentioned in subsection (1) may provide for the | |
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 | 10 |
the treatment of an offender— | |
(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 | 15 |
(b) the treatment provided for by the arrangements shall be deemed to | |
be treatment to which he is required to submit in pursuance of the | |
relevant order. | |
191 Drug rehabilitation requirement | |
(1) In this Part “drug rehabilitation requirement”, in relation to a community order | 20 |
or suspended sentence order, means a requirement that during a period | |
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 | 25 |
propensity to misuse drugs, and | |
(b) for the purpose of ascertaining whether he has any drug in his body | |
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 | 30 |
responsible officer or by the person specified as the person by or under | |
whose direction the treatment is to be provided. | |
(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, | 35 |
drugs, and | |
(ii) that his dependency or propensity is such as requires and may | |
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 | 40 |
arrangements for the reception of the offender where he is to be | |
required to submit to treatment as a resident), | |
(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 | 45 |
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 | |
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(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— | |
(a) treatment as a resident in such institution or place as may be specified | |
in the order, or | 5 |
(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 | |
mentioned in paragraph (a) or (b) above. | |
(5) The function of making a determination as to the provision of samples under | 10 |
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. | |
(6) A community order or suspended sentence order imposing a drug | |
rehabilitation requirement must provide that the results of tests carried out on | 15 |
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. | |
(7) In this section “drug” means a controlled drug as defined by section 2 of the | |
Misuse of Drugs Act 1971 (c. 38). | 20 |
192 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 | 25 |
not less than one month, | |
(b) provide for each review of the requirement to be made, subject to | |
section 193(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, | 30 |
(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 191(6) or otherwise and the | 35 |
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— | 40 |
(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 | 45 |
requirement is not the area for which the court acts, the court may, if it thinks | |
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(3) 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 | |
Crown Court or from the criminal division of the Court of Appeal, for the | 5 |
purposes of subsection(2)(b) it shall be taken to have been made by the Crown | |
Court. | |
193 Periodic review of drug rehabilitation requirement | |
(1) At a review hearing (within the meaning given by subsection (1) of section 192) | |
the court may, after considering the responsible officer’s report referred to in | 10 |
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 | |
expresses his willingness to comply with the requirement as amended, | 15 |
(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 191(3), and | |
(c) except with the consent of the offender, may not amend any | |
requirement or provision of the order while an appeal against the order | 20 |
is pending. | |
(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 | 25 |
suspended sentence to which it relates, and | |
(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— | 30 |
(a) shall take into account the extent to which the offender has complied | |
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 136(2). | 35 |
(5) Where the order is a community order made by a magistrates’ court in the case | |
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— | 40 |
(a) to impose a fine not exceeding £5,000 for the offence in respect of which | |
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 | 45 |
months. | |
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(6) If at a review hearing (as defined by section 192(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. | 5 |
(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— | 10 |
(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 | 15 |
hearing, is 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. | |
194 Alcohol treatment requirement | 20 |
(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 | |
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. | 25 |
(2) A court may not impose an alcohol treatment requirement in respect of an | |
offender unless it is satisfied— | |
(a) that he is dependent on alcohol, | |
(b) that his dependency is such as requires and may be susceptible to | |
treatment, and | 30 |
(c) 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). | |
(3) A court may not impose an alcohol treatment requirement unless the offender | 35 |
expresses his willingness to comply with its requirements. | |
(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— | 40 |
(a) treatment as a resident in such institution or place as may be specified | |
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 | 45 |
necessary qualification or experience as may be so specified; | |
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