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Criminal Justice Act 1972

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This is the original version (as it was originally enacted).

20Probation orders requiring attendance at day training centre

(1)Where a court makes a probation order in the case of an offender it may, subject to the provisions of this section, include in the order a requirement that he shall during the probation period attend at a day training centre specified in the order.

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

(a)it has been notified by the Secretary of State that a day training centre exists for persons of the offender's class or description who reside in the petty sessions area in which he resides or will reside ; and

(b)it is satisfied that arrangements can be made for his attendance at that centre ;

and no such requirement shall be included in a probation order which includes a requirement under section 4 of the Criminal Justice Act 1948 (treatment of offender for mental condition).

(3)Section 3(5) of the said Act of 1948 (which provides that a court which proposes to make a probation order shall explain its requirements to the offender and shall not make the order unless the offender expresses his willingness to comply with the requirements) shall apply also in relation to any requirement proposed to be included in a probation order by virtue of this section.

(4)A requirement included in a probation order by virtue of this section 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 sixty days at the centre specified in the order;

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

(5)The Secretary of State may make rules for regulating the training given at day training centres and the provision and carrying on of such centres under the subsequent provisions of this Act; and, without prejudice to the generality of the foregoing provision, such rules may in particular—

(a)regulate the hours of attendance, and the reckoning of days of attendance, at such centres ;

(b)provide for the keeping of records of such attendance ;

(c)provide that no person shall be appointed to be in charge of such a centre unless the Secretary of State has consented to his appointment.

(6)The power to make rules under this section shall be exercisable by statutory instrument, and any statutory instrument containing such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)References in this section to attendance at a day training centre include references to attendance elsewhere than at the centre for the purpose of receiving training in accordance with instructions given by, or under the authority of, the person in charge of the centre.

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