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The Treatment of Offenders (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Requirements in probation orders

3.  After section 2 of the Probation Act (Northern Ireland) 1950(1) there shall be inserted the following sections—

Requirements in probation orders.

2A.(1) Without prejudice to the generality of section 1(3), the power conferred by that subsection includes power, subject to the provisions of this section, to require the probationer—

(a)to present himself to a person or persons specified in the order at a place or places so specified;

(b)to participate in activities specified in the order—

(i)on a day or days so specified; or

(ii)during the probation period or such portion of it as may be so specified.

(2) A court shall not include in a probation order a requirement such as is mentioned in subsection (1) unless it has first consulted a probation officer as to—

(a)the offender’s circumstances; and

(b)the feasibility of securing compliance with the requirements,

and is satisfied, having regard to the probation officer’s report, that it is feasible to secure compliance with them.

(3) A court shall not include a requirement such as is mentioned in subsection (1) if it would involve the co-operation of a person other than the probationer and the probation officer responsible for his supervision, unless that other person consents to its inclusion.

(4) A requirement such as is mentioned in subsection (1)(a) shall operate to require the probationer—

(a)in accordance with instructions given by the probation officer responsible for his supervision, to present himself at a place for not more than 60 days during the probation period; and

(b)while there, to comply with instructions given by, or under the authority of, the person in charge of the place.

(5) A place specified in the order shall be a place for the time being approved by the Probation Board as providing facilities suitable for persons subject to probation orders.

(6) A requirement such as is mentioned in paragraph (1)(b) shall operate to require the probationer—

(a)in accordance with instructions given by the probation officer responsible for his supervision, to participate in the activities for not more than 60 days; and

(b)while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.

(7) Instructions given by a probation officer under subsection (4) or (6) shall, as far as practicable, be such as to avoid any interference with the times, if any, at which the probationer normally works or attends a school or other educational establishment.

Probation orders requiring attendance at day centre.

2B.(1) Without prejudice to the generality of sections 1(3) and 2A, the power conferred by section 1(3) includes power, subject to the provisions of this section, to require the probationer during the probation period to attend at a day centre specified in the order.

(2) A court shall not include such a requirement in a probation order unless—

(a)it has consulted a probation officer; and

(b)it is satisfied—

(i)that arrangements can be made for the probationer’s attendance at a centre; and

(ii)that the person in charge of the centre consents to the inclusion of the requirement.

(3) A requirement under subsection (1) shall operate to require the probationer—

(a)in accordance with instructions given by the probation officer responsible for his supervision, to attend on not more than 60 days at the centre specified in the order; and

(b)while attending there to comply with instructions given by, or under the authority of, the person in charge of the centre.

(4) Instructions given by a probation officer under subsection (3) shall, so far as is practicable, be such as to avoid any interference with the times, if any, at which the probationer normally works or attends a school or other educational establishment.

(5) References in this section to attendance at a day centre include references to attendance 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.

(6) In this section “day centre” means premises at which non-residential facilities are provided for use in connection with the rehabilitation of offenders and which—

(a)are provided by the Probation Board; or

(b)are for the time being approved by the Probation Board as providing facilities suitable for persons subject to probation orders..

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