Powers of Criminal Courts (Sentencing) Act 2000

Requirements as to activities, reparation, night restrictions etc. E+W

3 (1) This paragraph applies to a supervision order unless the order requires the offender to comply with directions given by the supervisor under paragraph 2(1) above. E+W

(2) Subject to the following provisions of this paragraph and paragraph 4 below, a supervision order to which this paragraph applies may require the offender—

(a) to live at a place or places specified in the order for a period or periods so specified;

(b) to present himself to a person or persons specified in the order at a place or places and on a day or days so specified;

(c) to participate in activities specified in the order on a day or days so specified;

(d) to make reparation specified in the order to a person or persons so specified or to the community at large;

(e) to remain for specified periods between 6 p.m. and 6 a.m.—

(i) at a place specified in the order; or

(ii) at one of several places so specified;

(f) to refrain from participating in activities specified in the order—

(i) on a specified day or days during the period for which the supervision order is in force; or

(ii) during the whole of that period or a specified portion of it;

and in this paragraph “make reparation” means make reparation for the offence otherwise than by the payment of compensation.

(3) The total number of days in respect of which an offender may be subject to requirements imposed by virtue of paragraph (a), (b), (c), (d) or (e) of sub-paragraph (2) above shall not exceed 90.

(4) The court may not include requirements under sub-paragraph (2) above in a supervision order unless—

(a) it has first consulted the supervisor as to—

(i) the offender’s circumstances, and

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

and is satisfied, having regard to the supervisor’s report, that it is feasible to secure compliance with them;

(b) having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the offender or for preventing a repetition by him of the same offence or the commission of other offences; and

(c) if the offender is aged under 16, it has obtained and considered information about his family circumstances and the likely effect of the requirements on those circumstances.

(5) The court shall not by virtue of sub-paragraph (2) above include in a supervision order—

(a) any requirement that would involve the co-operation of a person other than the supervisor and the offender, unless that other person consents to its inclusion;

(b) any requirement to make reparation to any person unless that person—

(i) is identified by the court as a victim of the offence or a person otherwise affected by it; and

(ii) consents to the inclusion of the requirement;

(c) any requirement requiring the offender to reside with a specified individual; or

(d) any such requirement as is mentioned in paragraph 6(2) below (treatment for offender’s mental condition).

(6) Requirements included in a supervision order by virtue of sub-paragraph (2)(b) or (c) 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;

and sub-paragraphs (7) and (8) below are without prejudice to this sub-paragraph.

(7) Subject to sub-paragraph (8) below, a supervision order may not by virtue of sub-paragraph (2) above include—

(a) any requirement that would involve the offender in absence from home—

(i) for more than two consecutive nights, or

(ii) for more than two nights in any one week, or

(b) if the offender is of compulsory school age, any requirement to participate in activities during normal school hours,

unless the court making the order is satisfied that the facilities whose use would be involved are for the time being specified in a scheme in force under section 66 of this Act for the area in which the offender resides or will reside.

(8) Sub-paragraph (7)(b) above does not apply to activities carried out in accordance with arrangements made or approved by the local education authority in whose area the offender resides or will reside.

(9) Expressions used in sub-paragraphs (7) and (8) above and in the M1 Education Act 1996 have the same meaning in those sub-paragraphs as in that Act.

Annotations:

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Marginal Citations

M1 1996 c. 56.

4 (1) The place, or one of the places, specified in a requirement under paragraph 3(2)(e) above (“a night restriction”) shall be the place where the offender lives. E+W

(2) A night restriction shall not require the offender to remain at a place for longer than ten hours on any one night.

(3) A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.

(4) A night restriction shall not be imposed in respect of more than 30 days in all.

(5) A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.

(6) An offender who is required by a night restriction to remain at a place may leave it if he is accompanied—

(a) by his parent or guardian;

(b) by his supervisor; or

(c) by some other person specified in the supervision order.