Powers of Criminal Courts (Sentencing) Act 2000

[F1 Requirement to live for specified period in local authority accommodation] E+W

Textual Amendments

F1 Schs. 5-7 repealed (30.11.2009 for specified purposes) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(u)(xxvi)

5 (1) Where the conditions mentioned in sub-paragraph (2) below are satisfied, a supervision order may impose a requirement (“a local authority residence requirement”) that the offender shall live for a specified period in local authority accommodation (as defined by section 163 of this Act). E+W

(2) The conditions are that—

(a) a supervision order has previously been made in respect of the offender;

(b) that order imposed—

(i) a requirement under paragraph 1, 2, 3 or 7 of this Schedule; or

(ii) a local authority residence requirement;

(c) the offender fails to comply with that requirement, or is convicted of an offence committed while that order was in force; and

(d) the court is satisfied that—

(i) the failure to comply with the requirement, or the behaviour which constituted the offence, was due to a significant extent to the circumstances in which the offender was living; and

(ii) the imposition of a local authority residence requirement will assist in his rehabilitation;

except that sub-paragraph (i) of paragraph (d) above does not apply where the condition in paragraph (b)(ii) above is satisfied.

(3) A local authority residence requirement shall designate the local authority who are to receive the offender, and that authority shall be the authority in whose area the offender resides.

(4) The court shall not impose a local authority residence requirement without first consulting the designated authority.

(5) A local authority residence requirement may stipulate that the offender shall not live with a named person.

(6) The maximum period which may be specified in a local authority residence requirement is six months.

(7) A court shall not impose a local authority residence requirement in respect of an offender who is not legally represented at the relevant time in that court unless—

(a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service for the purposes of the proceedings but the right was withdrawn because of his conduct [F2 or because it appeared that his financial resources were such that he was not eligible to be granted such a right];

[F3 (aa) he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible to be granted a right to it; or]

(b) he has been informed of his right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

(8) In sub-paragraph (7) above—

(a) “the relevant time” means the time when the court is considering whether or not to impose the requirement; and

(b) “the proceedings” means—

(i) the whole proceedings; or

(ii) the part of the proceedings relating to the imposition of the requirement.

(9) A supervision order imposing a local authority residence requirement may also impose any of the requirements mentioned in paragraphs 2, 3, 6 and 7 of this Schedule.

Textual Amendments

F2 Words in Sch. 6 para. 5(7) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), s. 4(2)(d)(3)(a), 5(2); S.I. 2006/2491, art. 2

F3 Sch. 6 para. 5(7)(aa) substituted for preceding word (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), s. 4(2)(d)(3)(b), 5(2); S.I. 2006/2491, art. 2