Powers of Criminal Courts (Sentencing) Act 2000

[F1 Requirements as to attendance at community rehabilitation centres] E+W

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 2 para. 3: cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 198(4)(c); S.I. 2001/919, art. 2(f)(ii)

3 (1) Subject to the provisions of this paragraph, a [F2 community rehabilitation order] may require the offender during the [F3 community rehabilitation period] to attend at a [F4 community rehabilitation centre] specified in the order. E+W

(2) A court shall not include in a [F2 community rehabilitation order] such a requirement as is mentioned in sub-paragraph (1) above unless it has consulted—

(a) in the case of an offender aged 18 or over, [F5 an officer of a local probation board]; or

(b) in the case of an offender aged under 18, either [F5 an officer of a local probation board] or a member of a youth offending team.

(3) A court shall not include such a requirement in a [F2 community rehabilitation order] unless it is satisfied—

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

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

(4) A requirement under sub-paragraph (1) above shall operate to require the offender—

(a) in accordance with instructions given by his responsible officer, 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.

(5) Instructions given by the offender’s responsible officer under sub-paragraph (4) 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.

(6) References in this paragraph to attendance at a [F4 community rehabilitation 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.

(7) The Secretary of State may make rules for regulating the provision and carrying on of [F6 community rehabilitation centres] and the attendance at such centres of persons subject to [F2 community rehabilitation orders]; and such rules may in particular include provision with respect to hours of attendance, the reckoning of days of attendance and the keeping of attendance records.

(8) In this paragraph “community rehabilitation centre” means premises—

(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 [F2 community rehabilitation orders].

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Words in Sch. 2 para. 3(1)-(3)(7)(8)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(2); S.I. 2001/919, art. 2(f)(i)

F3 Words in Sch. 2 para. 3(1) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 198(2); S.I. 2001/919, art. 2(f)(ii)

F4 Words in Sch. 2 para. 3(1)(6)(8) substituted (1.4.2001) by 2000 c. 43, s. 74, 80(1), Sch. 7 Pt. II para. 198(4)(a); S.I. 2001/919, art. 2(f)(ii)

F5 Words in Sch. 2 para. 3(2)(a)(b) 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)

F6 Words in Sch. 2 para. 3(7) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 198(4)(b); S.I. 2001/919, art. 2(f)(ii)