Powers of Criminal Courts (Sentencing) Act 2000

Requirements as to activities etc. E+W

2 (1) Subject to the provisions of this paragraph, a [F1 community rehabilitation order] may require the offender— E+W

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

(b) to participate or refrain from participating in activities specified in the order—

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

(ii) during the [F2 community rehabilitation period] or such portion of it as may be so specified.

(2) A court shall not include in a [F1 community rehabilitation order] a requirement such as is mentioned in sub-paragraph (1) above unless—

(a) it has consulted—

(i) in the case of an offender aged 18 or over, [F3 an officer of a local probation board]; or

(ii) in the case of an offender aged under 18, either [F3 an officer of a 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.

(3) A court shall not include a requirement such as is mentioned in sub-paragraph (1)(a) above or a requirement to participate in activities if it 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.

(4) A requirement such as is mentioned in sub-paragraph (1)(a) above shall operate to require the offender—

(a) in accordance with instructions given by his responsible officer, to present himself at a place or places for not more than 60 days in the aggregate; and

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

(5) A place specified in an order shall have been approved by the [F4 local probation board] for the area in which the premises are situated as providing facilities suitable for persons subject to [F1 community rehabilitation orders].

(6) A requirement to participate in activities shall operate to require the offender—

(a) in accordance with instructions given by his responsible officer, to participate in activities for not more than 60 days in the aggregate; 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 the offender’s responsible officer under sub-paragraph (4) or (6) above shall, as far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

Annotations:

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Amendments (Textual)

F1 Words in Sch. 2 para. 2(1)(2)(5) substituted (1.4.2001) by 2000 c. 43, s. 74, 80(1), Sch. 7 Pt. I para. 1(1)(2); S.I. 2001/919, art. 2(f)(i)

F2 Words in Sch. 2 para. 2(1)(b)(ii) substituted (1.4.20001) by 2000 c. 43, s. 74, 80(1), Sch. 7 Pt. II para. 198(2); S.I. 2001/919, art. 2(f)(ii)

F3 Words in Sch. 2 para. 2(2)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F4 Words in Sch. 2 para. 2(5) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 198(3); S.I. 2001/919, art. 2(f)(ii)