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but the nature of the treatment shall not be specified in the order except as | |
mentioned in paragraph (a), (b) or (c) above. | |
195 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 | 5 |
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— | 10 |
(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 165(3)(b), | |
(c) in relation to an intermittent custody order, the licence periods as | 15 |
defined by section 167(3), and | |
(d) in relation to a suspended sentence order, the supervision period as | |
defined by section 172(1)(a). | |
Requirements available only in case of offenders aged under 25 | |
196 Attendance centre requirement | 20 |
(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. | |
(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. | 25 |
(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 | |
available to him and any other circumstances. | |
(4) The first time at which the offender is required to attend at the attendance | 30 |
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. | |
(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 | 35 |
any occasion. | |
Electronic monitoring | |
197 Electronic monitoring requirement | |
(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 | 40 |
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(1) 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. | |
(2) Where— | |
(a) it is proposed to include in a relevant order a requirement for securing | 5 |
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, | |
the requirement may not be included in the order without that person’s | |
consent. | 10 |
(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 | |
order made by the Secretary of State. | |
(4) Where an electronic monitoring requirement is required to take effect during a | 15 |
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, | |
(b) the person responsible for the monitoring, and | |
(c) any person falling within subsection (2)(b), | 20 |
of the time when the period is to begin. | |
Provisions applying to relevant orders generally | |
198 Petty sessions area to be specified in relevant order | |
(1) A community order or suspended sentence order must specify the petty | |
sessions area in which the offender resides or will reside. | 25 |
(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 165(3)(b), or | |
(b) in the case of an intermittent custody order, during the licence periods | 30 |
as defined by section 167(3). | |
199 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 | 35 |
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 | 40 |
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). | |
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(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. | |
200 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 | 5 |
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 | |
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 | 10 |
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 | |
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 | 15 |
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 | |
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 | 20 |
subsections (5) to (7), and | |
(b) is satisfied that the necessary provision can be made under those | |
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 | 25 |
which the place proposed to be specified in the order is situated. | |
(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 | 30 |
subsection (4) is the petty sessions area proposed to be specified in the order. | |
(8) In subsection (5) “place”, in relation to an exclusion requirement, has the same | |
meaning as in section 187. | |
201 Provision of copies of relevant orders | |
(1) The court by which any relevant order is made must forthwith provide copies | 35 |
of the order— | |
(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 | 40 |
assigned to the court or to a member of a youth offending team | |
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. | 45 |
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(2) Where a relevant order imposes any requirement specified in the first column | |
of Schedule 11, 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. | 5 |
(3) Where a relevant order specifies a petty sessions area for which the court | |
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 | 10 |
likely to be of assistance to a court acting for that area in the exercise of | |
its functions in relation to the order. | |
202 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— | 15 |
(a) must keep in touch with the responsible officer in accordance with such | |
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. | 20 |
Powers of Secretary of State | |
203 Provision of attendance centres | |
(1) The Secretary of State may continue to provide attendance centres. | |
(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 | 25 |
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. | |
(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 | 30 |
premises of that authority. | |
204 Rules | |
(1) The Secretary of State may make rules for regulating— | |
(a) the supervision of persons who are subject to relevant orders, | |
(b) without prejudice to the generality of paragraph (a), the functions of | 35 |
responsible officers in relation to offenders subject to relevant orders, | |
(c) the arrangements to be made by local probation boards for persons | |
subject to unpaid work requirements to perform work and the | |
performance of such work, | |
(d) the provision and carrying on of attendance centres and community | 40 |
rehabilitation centres, | |
(e) the attendance of persons subject to activity requirements or | |
attendance centre requirements at the places at which they are required | |
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(e) to attend, including hours of attendance, reckoning days of attendance | |
and the keeping of attendance records, | |
(f) electronic monitoring in pursuance of an electronic monitoring | |
requirement, and | |
(g) without prejudice to the generality of paragraph (f), the functions of | 5 |
persons made responsible for securing electronic monitoring in | |
pursuance of such a requirement. | |
(2) Rules under subsection (1)(c) may, in particular, make provision— | |
(a) limiting the number of hours of work to be done by a person on any one | |
day, | 10 |
(b) as to the reckoning of hours worked and the keeping of work records, | |
and | |
(c) for the payment of travelling and other expenses in connection with the | |
performance of work. | |
205 Power to amend limits | 15 |
(1) The Secretary of State may by order amend subsection (2) of section 181 | |
(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 | |
may be specified in the order. | |
(2) The Secretary of State may by order amend any of the provisions mentioned in | 20 |
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— | |
(a) section 186(3) (curfew requirement); | |
(b) section 187(2) (exclusion requirement); | 25 |
(c) section 191(3) (drug rehabilitation requirement); | |
(d) section 194(4) (alcohol treatment requirement). | |
Chapter 5 | |
Dangerous offenders | |
206 Meaning of “specified offence” etc. | 30 |
(1) An offence is a “specified offence” for the purposes of this Chapter if it is a | |
specified violent offence or a specified sexual offence. | |
(2) An offence is a “serious offence” for the purposes of this Chapter if and only | |
if— | |
(a) it is a specified offence, and | 35 |
(b) it is, apart from section 207, punishable in the case of a person aged 18 | |
or over by— | |
(i) imprisonment for life, or | |
(ii) imprisonment for a determinate period of ten years or more. | |
(3) In this Chapter— | 40 |
“relevant offence” has the meaning given by section 211(4); | |
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“serious harm” means death or serious personal injury, whether physical | |
or psychological; | |
“specified violent offence” means an offence specified in Part 1 of | |
Schedule 12; | |
“specified sexual offence” means an offence specified in Part 2 of that | 5 |
Schedule. | |
207 Life sentence or imprisonment for public protection for serious offences | |
(1) This section applies where— | |
(a) a person aged 18 or over is convicted of a serious offence committed | |
after the commencement of this section, and | 10 |
(b) the court is of the opinion that there is a significant risk to members of | |
the public of serious harm occasioned by the commission by him of | |
further specified offences. | |
(2) If— | |
(a) the offence is one in respect of which the offender would apart from this | 15 |
section be liable to imprisonment for life, and | |
(b) the court considers that the seriousness of the offence, or of the offence | |
and one or more offences associated with it, is such as to justify the | |
imposition of a sentence of imprisonment for life, | |
the court must impose a sentence of imprisonment for life. | 20 |
(3) In a case not falling within subsection (2), the court must impose a sentence of | |
imprisonment for public protection. | |
(4) A sentence of imprisonment for public protection is a sentence of | |
imprisonment for an indeterminate period, subject to the provisions of Chapter | |
2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners | 25 |
and duration of licences. | |
(5) An offence the sentence for which is imposed under this section is not to be | |
regarded as an offence the sentence for which is fixed by law. | |
208 Detention for life or detention for public protection for serious offences | |
committed by those under 18 | 30 |
(1) This section applies where— | |
(a) a person aged under 18 is convicted of a serious offence committed | |
after the commencement of this section, and | |
(b) the court is of the opinion that there is a significant risk to members of | |
the public of serious harm occasioned by the commission by him of | 35 |
further specified offences. | |
(2) If— | |
(a) the offence is one in respect of which the offender would apart from this | |
section be liable to a sentence of detention for life under section 91 of | |
the Sentencing Act, and | 40 |
(b) the court considers that the seriousness of the offence, or of the offence | |
and one or more offences associated with it, is such as to justify the | |
imposition of a sentence of detention for life, | |
the court must impose a sentence of detention for life under that section. | |
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(3) If, in a case not falling within subsection (2), the court considers that an | |
extended sentence under section 210 would not be adequate for the purpose of | |
protecting the public from serious harm occasioned by the commission by the | |
offender of further specified offences, the court must impose a sentence of | |
detention for public protection. | 5 |
(4) A sentence of detention for public protection is a sentence of detention for an | |
indeterminate period, subject to the provisions of Chapter 2 of Part 2 of the | |
Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners and duration of | |
licences. | |
(5) An offence the sentence for which is imposed under this section is not to be | 10 |
regarded as an offence the sentence for which is fixed by law. | |
209 Extended sentence for certain violent or sexual offences: persons 18 or over | |
(1) This section applies where— | |
(a) a person aged 18 or over is convicted of a specified offence, other than | |
a serious offence, committed after the commencement of this section, | 15 |
and | |
(b) the court considers that there is a significant risk to members of the | |
public of serious harm occasioned by the commission by the offender | |
of further specified offences. | |
(2) The court must impose on the offender an extended sentence of imprisonment, | 20 |
that is to say, a sentence of imprisonment the term of which is equal to the | |
aggregate of— | |
(a) the appropriate custodial term, and | |
(b) a further period (“the extension period”) for which the offender is to be | |
subject to a licence and which is of such length as the court considers | 25 |
necessary for the purpose of protecting members of the public from | |
serious harm occasioned by the commission by him of further specified | |
offences. | |
(3) In subsection (2) “the appropriate custodial term” means a term of | |
imprisonment (not exceeding the maximum term permitted for the offence) | 30 |
which— | |
(a) is the term that would (apart from this section) be imposed in | |
compliance with section 137(2), or | |
(b) where the term that would be so imposed is a term of less than 12 | |
months, is a term of 12 months. | 35 |
(4) The extension period must not exceed— | |
(a) five years in the case of a specified violent offence, and | |
(b) eight years in the case of a specified sexual offence. | |
(5) The term of an extended sentence of imprisonment passed under this section | |
in respect of an offence must not exceed the maximum term permitted for the | 40 |
offence. | |
210 Extended sentence for certain violent or sexual offences: persons under 18 | |
(1) This section applies where— | |
(a) a person aged under 18 is convicted of a specified offence committed | |
after the commencement of this section, and | 45 |
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