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(7) In this Part— | |
(a) “suspended sentence order” means an order under subsection (1), | |
(b) “suspended sentence” means a sentence to which a suspended sentence | |
order relates, and | |
(c) “community requirement”, in relation to a suspended sentence order, | 5 |
means a requirement imposed under subsection (1)(a). | |
173 Imposition of requirements by suspended sentence order | |
(1) The requirements falling within this subsection are— | |
(a) an unpaid work requirement (as defined by section 181), | |
(b) an activity requirement (as defined by section 183), | 10 |
(c) a programme requirement (as defined by section 184), | |
(d) a prohibited activity requirement (as defined by section 185), | |
(e) a curfew requirement (as defined by section 186), | |
(f) an exclusion requirement (as defined by section 187), | |
(g) a residence requirement (as defined by section 188), | 15 |
(h) a mental health treatment requirement (as defined by section 189), | |
(i) a drug rehabilitation requirement (as defined by section 191), | |
(j) an alcohol treatment requirement (as defined by section 194), | |
(k) a supervision requirement (as defined by section 195), and | |
(l) in a case where the offender is aged under 25, an attendance centre | 20 |
requirement (as defined by section 196). | |
(2) Section 172(1)(a) has effect subject to section 200 and to the following | |
provisions of Chapter 4 relating to particular requirements— | |
(a) section 181(3) (unpaid work requirement), | |
(b) section 183(3) and (4) (activity requirement), | 25 |
(c) section 184(4) and (5) (programme requirement), | |
(d) section 185(2) (prohibited activity requirement), | |
(e) section 189(3) (mental health treatment requirement), | |
(f) section 191(2) (drug rehabilitation requirement), and | |
(g) section 194(2) and (3) (alcohol treatment requirement). | 30 |
(3) Where the court makes a suspended sentence order imposing a curfew | |
requirement or an exclusion requirement, it must also impose an electronic | |
monitoring requirement (as defined by section 197) unless— | |
(a) the court is prevented from doing so by section 197(2) or 200(4), or | |
(b) in the particular circumstances of the case, it considers it inappropriate | 35 |
to do so. | |
(4) Where the court makes a suspended sentence order imposing an unpaid work | |
requirement, an activity requirement, a programme requirement, a prohibited | |
activity requirement, a residence requirement, a mental health treatment | |
requirement, a drug rehabilitation requirement, an alcohol treatment | 40 |
requirement, a supervision requirement or an attendance centre requirement, | |
the court may also impose an electronic monitoring requirement unless the | |
court is prevented from doing so by section 197(2) or 200(4). | |
(5) Before making a suspended sentence order imposing two or more different | |
requirements falling within subsection (1), the court must consider whether, in | 45 |
the circumstances of the case, the requirements are compatible with each other. | |
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174 Power to provide for review of suspended sentence order | |
(1) A suspended sentence order may— | |
(a) provide for the order to be reviewed periodically at specified intervals, | |
(b) provide for each review to be made, subject to section 175(4), at a | |
hearing held for the purpose by the court responsible for the order (a | 5 |
“review hearing”), | |
(c) require the offender to attend each review hearing, and | |
(d) provide for the responsible officer to make to the court responsible for | |
the order, before each review, a report on the offender’s progress in | |
complying with the community requirements of the order. | 10 |
(2) Subsection (1) does not apply in the case of an order imposing a drug | |
rehabilitation requirement (provision for such a requirement to be subject to | |
review being made by section 192). | |
(3) In this section references to the court responsible for a suspended sentence | |
order are references— | 15 |
(a) where a court is specified in the order in accordance with subsection (4), | |
to that court; | |
(b) in any other case, to the court by which the order is made. | |
(4) Where the area specified in a suspended sentence order made by a magistrates’ | |
court is not the area for which the court acts, the court may, if it thinks fit, | 20 |
include in the order provision specifying for the purpose of subsection (3) a | |
magistrates’ court which acts for the area specified in the order. | |
(5) Where a suspended sentence order has been made on an appeal brought from | |
the Crown Court or from the criminal division of the Court of Appeal, it is to | |
be taken for the purposes of subsection (3)(b) to have been made by the Crown | 25 |
Court. | |
175 Periodic reviews of suspended sentence order | |
(1) At a review hearing (within the meaning of subsection (1) of section 174) the | |
court may, after considering the responsible officer’s report referred to in that | |
subsection, amend the community requirements of the suspended sentence | 30 |
order, or any provision of the order which relates to those requirements. | |
(2) The court— | |
(a) may not amend the community requirements of the order so as to | |
impose a requirement of a different kind unless the offender expresses | |
his willingness to comply with that requirement, | 35 |
(b) may not amend a mental health treatment requirement, a drug | |
rehabilitation requirement or an alcohol treatment requirement unless | |
the offender expresses his willingness to comply with the requirement | |
as amended, | |
(c) may amend the supervision period only if the period as amended | 40 |
complies with section 172(3) and (4), | |
(d) may not amend the operational period of the suspended sentence, and | |
(e) except with the consent of the offender, may not amend the order while | |
an appeal against the order is pending. | |
(3) For the purposes of subsection (2)(a)— | 45 |
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(a) a community requirement falling within any paragraph of section | |
173(1) is of the same kind as any other community requirement falling | |
within that paragraph, and | |
(b) an electronic monitoring requirement is a community requirement of | |
the same kind as any requirement falling within section 173(1) to which | 5 |
it relates. | |
(4) If before a review hearing is held at any review the court, after considering the | |
responsible officer’s report, is of the opinion that the offender’s progress in | |
complying with the community requirements of the order is satisfactory, it | |
may order that no review hearing is to be held at that review; and if before a | 10 |
review hearing is held at any review, or at a review hearing, the court, after | |
considering that report, is of that opinion, it may amend the suspended | |
sentence order so as to provide for each subsequent review to be held without | |
a hearing. | |
(5) If at a review held without a hearing the court, after considering the | 15 |
responsible officer’s report, is of the opinion that the offender’s progress under | |
the order is no longer satisfactory, the court may require the offender to attend | |
a hearing of the court at a specified time and place. | |
(6) If at a review hearing the court is of the opinion that the offender has without | |
reasonable excuse failed to comply with any of the community requirements of | 20 |
the order, the court may adjourn the hearing for the purpose of dealing with | |
the case under paragraph 7 of Schedule 10. | |
(7) At a review hearing the court may amend the suspended sentence order so as | |
to vary the intervals specified under section 174(1). | |
(8) In this section any reference to the court, in relation to a review without a | 25 |
hearing, is to be read— | |
(a) in the case of the Crown Court, as a reference to a judge of the court, | |
and | |
(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. | 30 |
176 Breach, revocation or amendment of suspended sentence order, and effect of | |
further conviction | |
Schedule 10 (which relates to the breach, revocation or amendment of the | |
community requirements of suspended sentence orders, and to the effect of | |
any further conviction) shall have effect. | 35 |
177 Interpretation of Chapter 3 | |
In this Chapter— | |
“custodial period”, in relation to a term of imprisonment imposed in | |
accordance with section 165, has the meaning given by subsection (3)(a) | |
of that section; | 40 |
“licence period”— | |
(a) in relation to a term of imprisonment imposed in accordance | |
with section 165, has the meaning given by subsection (3)(b) of | |
that section, and | |
(b) in relation to a term of imprisonment to which an intermittent | 45 |
custody order relates, has the meaning given by section 167(3); | |
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“the number of custodial days”, in relation to a term of imprisonment to | |
which an intermittent custody order relates, has the meaning given by | |
section 167(3); | |
“operational period” and “supervision period”, in relation to a suspended | |
sentence, are to be read in accordance with section 172(1); | 5 |
“sentence of imprisonment” does not include a committal for contempt of | |
court or any kindred offence. | |
Chapter 4 | |
Further provisions about orders under Chapters 2 and 3 | |
Introductory | 10 |
178 Meaning of “relevant order” | |
(1) In this Chapter “relevant order” means— | |
(a) a community order, | |
(b) a custody plus order, | |
(c) a suspended sentence order, or | 15 |
(d) an intermittent custody order. | |
(2) In this Chapter any reference to a requirement being imposed by, or included | |
in, a relevant order is, in relation to a custody plus order or an intermittent | |
custody order, a reference to compliance with the requirement being required | |
by the order to be a condition of a licence. | 20 |
179 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 | 25 |
no other requirement mentioned in section 161(1) or, as the case | |
requires, section 166(1) or 173(1), and | |
(ii) imposes an electronic monitoring requirement, | |
the person who under section 197(3) is responsible for the electronic | |
monitoring required by the order; | 30 |
(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 | 35 |
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 | 40 |
the order or a member of a youth offending team established by a local | |
authority for the time being specified in the order; | |
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(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. | |
(3) The Secretary of State may by order— | |
(a) amend subsections (1) and (2), and | 5 |
(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). | |
(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 | 10 |
apply in relation to any relevant order. | |
180 Duties of responsible officer | |
(1) Where a relevant order has effect, it is the duty of the responsible officer— | |
(a) to make any arrangements that are necessary in connection with the | |
requirements imposed by the order, | 15 |
(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 | |
section 179(1)(a). | |
Requirements available in case of all offenders | 20 |
181 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 182. | |
(2) The number of hours which a person may be required to work under an | 25 |
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. | |
(3) A court may not impose an unpaid work requirement in respect of an offender | 30 |
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— | |
(a) in the case of an offender aged 18 or over, an officer of a local probation | 35 |
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. | |
(5) Where the court makes relevant orders in respect of two or more offences of | 40 |
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 | |
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(5) additional to those specified in any other of those orders, but so that the total | |
number of hours which are not concurrent does not exceed the maximum | |
specified in subsection (2)(b). | |
182 Obligations of person subject to unpaid work requirement | |
(1) An offender in respect of whom an unpaid work requirement of a relevant | 5 |
order is in force must perform for the number of hours specified in the order | |
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 10 (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 | 10 |
performed during a period of twelve months. | |
(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 | 15 |
order, the supervision period as defined by section 172(1)(a) continues until the | |
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 172(1)(b)(ii). | |
183 Activity requirement | 20 |
(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 | |
specified; | 25 |
(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. | |
(3) A court may not include an activity requirement in a relevant order unless— | 30 |
(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 | |
local probation board or a member of a youth offending team, | 35 |
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 | |
compliance with that requirement would involve the co-operation of a person | 40 |
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 | 5 |
(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 | 10 |
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 | 15 |
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 | 20 |
participate in activities on the number of days specified in the order, | |
and | |
(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— | 25 |
(a) at which non-residential facilities are provided for use in connection | |
with the rehabilitation of offenders, and | |
(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. | 30 |
184 Programme requirement | |
(1) In this Part “programme requirement”, in relation to a relevant order, means a | |
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. | 35 |
(2) In this Part “accredited programme” means a programme that is for the time | |
being accredited by the accreditation body. | |
(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 | 40 |
designate for the purposes of this section by order. | |
(4) A court may not include a programme requirement in a relevant order | |
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 | 45 |
offender — | |
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