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Criminal Justice Bill


Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    105

 

                      “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 165(3);

                      “operational period” and “supervision period”, in relation to a suspended

sentence, are to be read in accordance with section 171(1);

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                      “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

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 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

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           (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.

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 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

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no other requirement mentioned in section 159(1) or, as the case

requires, section 164(1) or 172(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;

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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;

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

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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

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           (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

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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,

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           (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

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 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

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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

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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

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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

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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

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

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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

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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 18 of Schedule 11 (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

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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

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order, the supervision period as defined by section 171(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 171(1)(b)(ii).

 183   Activity requirement

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     (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;

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           (b)           participate in activities specified in the order on such number of days

as may be so specified.

     (2)    The specified activities may consist of or include activities whose purpose is

that of reparation, such as activities involving contact between offenders and

persons affected by their offences.

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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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Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

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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

           (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—

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           (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.

 184   Programme requirement

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     (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.

     (2)    In this Part “accredited programme” means a programme that is for the time

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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

designate for the purposes of this section by order.

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     (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

offender—

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Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

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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 by a member of a youth offending

team, and

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           (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

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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

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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

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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

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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—

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           (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

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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

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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.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

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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

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of the licence period as defined by section 163(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

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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

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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—

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           (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

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     (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

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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

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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

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periods specified in the order, to treatment by or under the direction of a

registered medical practitioner or a chartered psychologist (or both, for

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

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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

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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

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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).

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     (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—

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                  (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

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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

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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 (c. 20) have

effect with respect to proof for the purposes of subsection (3)(a) of an offender’s

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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.

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 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

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or place which—

           (a)           is not specified in the relevant order, and

 

 

 
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