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SCHEDULES

Section 63.

[F1SCHEDULE 6E+W Requirements which may be included in supervision orders

Textual Amendments

Requirement to reside with named individualE+W

1A supervision order may require the offender to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this paragraph shall be subject to any such requirement of the order as is authorised by paragraph 2, 3, 6 [F2,6A] or 7 below.

Textual Amendments

F2Word in Sch. 6 para. 1 inserted (1.12.2004 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 24 para. 2(2); S.I. 2004/3033, art. 2(1)(2) (with art. 2(3)(4))

Requirement to comply with directions of supervisorE+W

2(1)Subject to sub-paragraph (2) below, a supervision order may require the offender to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things—E+W

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

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

(c)to participate in activities specified in the directions on a day or days so specified.

(2)A supervision order shall not require compliance with directions given by virtue of sub-paragraph (1) above unless the court making it is satisfied that a scheme under section 66 of this Act (local authority schemes) is in force for the area where the offender resides or will reside; and no such directions may involve the use of facilities which are not for the time being specified in a scheme in force under that section for that area.

(3)A requirement imposed by a supervision order in pursuance of sub-paragraph (1) above shall be subject to any such requirement of the order as is authorised by paragraph 6 below (treatment for offender’s mental condition).

(4)It shall be for the supervisor to decide—

(a)whether and to what extent he exercises any power to give directions conferred on him by virtue of sub-paragraph (1) above; and

(b)the form of any directions.

(5)The total number of days in respect of which an offender may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of sub-paragraph (1) above shall not exceed [F3180] or such lesser number, if any, as the order may specify for the purposes of this sub-paragraph.

(6)For the purpose of calculating the total number of days in respect of which such directions may be given, the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.

(7)Directions given by the supervisor by virtue of sub-paragraph (1)(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 [F4youth community order or 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.

Textual Amendments

F3Word in Sch. 6 para. 2(5) substituted (30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 93, Sch. 2 para. 4(2); S.I. 2004/2168, art. 2(a)(iii)

F4Words in Sch. 6 para. 2(7)(a) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 127(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

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 F5..., 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;

F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F7or (d)] of sub-paragraph (2) above shall not exceed [F8180] .

(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 [F9youth 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 [F10local authority] in whose area the offender resides or will reside.

(9)Expressions used in sub-paragraphs (7) and (8) above and in the M1Education Act 1996 have the same meaning in those sub-paragraphs as in that Act.

Textual Amendments

F5Words in Sch. 6 para. 3(2) repealed (30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 93, Sch. 3; S.I. 2004/2168, art. 2(b)(ii)

F7Words in Sch. 6 para. 3(3) substituted (30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 93, Sch. 2 para. 4(3)(b); S.I. 2004/2168, art. 2(a)(iii)

F9Words in Sch. 6 para. 3(6)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 127(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

Marginal Citations

F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to live for specified period in local authority accommodationE+W

5(1)Where the conditions mentioned in sub-paragraph (2) below are satisfied, a supervision order may impose a requirement (“a local authority residence requirement”) that the offender shall live for a specified period in local authority accommodation (as defined by section 163 of this Act).E+W

(2)The conditions are that—

(a)a supervision order has previously been made in respect of the offender;

(b)that order imposed—

(i)a requirement under paragraph 1, 2, 3 or 7 of this Schedule; or

(ii)a local authority residence requirement;

(c)the offender fails to comply with that requirement, or is convicted of an offence committed while that order was in force; and

(d)the court is satisfied that—

(i)the failure to comply with the requirement, or the behaviour which constituted the offence, was due to a significant extent to the circumstances in which the offender was living; and

(ii)the imposition of a local authority residence requirement will assist in his rehabilitation;

except that sub-paragraph (i) of paragraph (d) above does not apply where the condition in paragraph (b)(ii) above is satisfied.

(3)A local authority residence requirement shall designate the local authority who are to receive the offender, and that authority shall be the authority in whose area the offender resides.

(4)The court shall not impose a local authority residence requirement without first consulting the designated authority.

(5)A local authority residence requirement may stipulate that the offender shall not live with a named person.

(6)The maximum period which may be specified in a local authority residence requirement is six months.

(7)A court shall not impose a local authority residence requirement in respect of an offender who is not legally represented at the relevant time in that court unless—

(a)he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service for the purposes of the proceedings but the right was withdrawn because of his conduct [F12 or because it appeared that his financial resources were such that he was not eligible to be granted such a right];

[F13(aa)he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible to be granted a right to it; or]

(b)he has been informed of his right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

(8)In sub-paragraph (7) above—

(a)the relevant time” means the time when the court is considering whether or not to impose the requirement; and

(b)the proceedings” means—

(i)the whole proceedings; or

(ii)the part of the proceedings relating to the imposition of the requirement.

(9)A supervision order imposing a local authority residence requirement may also impose any of the requirements mentioned in paragraphs 2, 3, 6 and 7 of this Schedule.

Textual Amendments

F12Words in Sch. 6 para. 5(7) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), s. 4(2)(d)(3)(a), 5(2); S.I. 2006/2491, art. 2

F13Sch. 6 para. 5(7)(aa) substituted for preceding word (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), s. 4(2)(d)(3)(b), 5(2); S.I. 2006/2491, art. 2

[F14Requirement to live for specified period with local authority foster parentE+W

Textual Amendments

F14 Sch. 6 para. 5A and cross-heading inserted (30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 93, Sch. 2 para. 4(5); S.I. 2004/2168, art. 2(a)(iii)

5A(1)Where the conditions mentioned in sub-paragraph (2) below are satisfied, a supervision order may impose a requirement (“a foster parent residence requirement”) that the offender shall live for a specified period with a local authority foster parent.E+W

(2)The conditions are that—

(a)the offence is punishable with imprisonment in the case of an offender aged 18 or over;

(b)the offence, or the combination of the offence and one or more offences associated with it, was so serious that a custodial sentence would normally be appropriate (or, where the offender is aged 10 or 11, would normally be appropriate if the offender were aged 12 or over); and

(c)the court is satisfied that—

(i)the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(ii)the imposition of a foster parent residence requirement will assist in his rehabilitation.

(3)A foster parent residence requirement shall designate the local authority who are to place the offender with a local authority foster parent under section [F1523(2)(a)] [F1522C] of the Children Act 1989, and that authority shall be the authority in whose area the offender resides.

(4)A court shall not impose a foster parent residence requirement unless—

(a)the court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the designated authority;

(b)the notice has not been withdrawn; and

(c)the court has consulted the designated authority.

(5)Subject to paragraph 5(2A) of Schedule 7 to this Act, the maximum period which may be specified in a foster parent residence requirement is twelve months.

(6)A court shall not impose a foster parent residence requirement in respect of an offender who is not legally represented at the relevant time in that court unless—

(a)he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service for the purposes of the proceedings but the right was withdrawn because of his conduct [F16 or because it appeared that his financial resources were such that he was not eligible to be granted such a right];

[F17(aa)he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible to be granted a right to it; or]

(b)he has been informed of his right to apply for such representation for the purposes of the proceedings and has had opportunity to do so, but nevertheless refused or failed to apply.

(7)In sub-paragraph (6) above—

(a)the relevant time” means the time when the court is considering whether or not to impose the requirement, and

(b)the proceedings” means—

(i)the whole proceedings, or

(ii)the part of the proceedings relating to the imposition of the requirement.

(8)A supervision order imposing a foster parent residence requirement may also impose any of the requirements mentioned in paragraphs 2, 3, 6 and 7 of this Schedule.

(9)If at any time while a supervision order imposing a foster parent residence requirement is in force, the supervisor notifies the offender—

(a)that no suitable local authority foster parent is available, and

(b)that the supervisor has applied or proposes to apply under paragraph 5 of Schedule 7 for the variation or revocation of the order,

the foster parent residence requirement shall, until the determination of the application, be taken to require the offender to live in local authority accommodation (as defined by section 163 of this Act).

(10)This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender to whom a local authority residence requirement under paragraph 5 above relates.

(11)In this paragraph “local authority foster parent” has the same meaning as in the Children Act 1989.]

Textual Amendments

F15Word in Sch. 6 para. 5A(3) substituted (1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 10; S.I. 2010/2981, art. 4(a)

F16Words in Sch. 6 para. 5A(6) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), s. 4(2)(e)(3)(a), 5(2); S.I. 2006/2491, art. 2

F17Sch. 6 para. 5A(6)(aa) substituted for word preceding it (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), s. 4(2)(e)(3)(b), 5(2); S.I. 2006/2491, art. 2

Requirements as to treatment for mental conditionE+W

6(1)This paragraph applies where a court which proposes to make a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the M2Mental Health Act 1983, that the mental condition of the offender—E+W

(a)is such as requires and may be susceptible to treatment; but

(b)is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act.

(2)Where this paragraph applies, the court may include in the supervision order a requirement that the offender shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—

(a)treatment as a resident patient in [F18[F19a] care home within the meaning of the Care Standards Act 2000 [F20, an independent hospital] or a hospital] within the meaning of the M3Mental Health Act 1983, but not a hospital at which high security psychiatric services within the meaning of that Act are provided;

(b)treatment as a non-resident patient at an institution or place specified in the order;

(c)treatment by or under the direction of a registered medical practitioner specified in the order; or

(d)treatment by or under the direction of a [F21registered psychologist] specified in the order.

(3)A requirement shall not be included in a supervision order by virtue of sub-paragraph (2) above—

(a)in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;

(b)in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion;

and a requirement so included shall not in any case continue in force after the offender attains the age of 18.

(4)Subsections (2) and (3) of section 54 of the M4Mental Health Act 1983 shall have effect with respect to proof for the purposes of sub-paragraph (1) above of an offender’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.

[F22(5)In sub-paragraph (2)—

(a)“independent hospital”—

(i)in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and

(ii)in relation to Wales, has the same meaning as in the Care Standards Act 2000; and

(b)“registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 which relates to practitioner psychologists.]

[F23Requirements as to drug treatment and testing E+W

Textual Amendments

F23Sch. 6 para. 6A and cross-heading inserted (1.12.2004 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 24 para. 2(3); S.I. 2004/3033, art. 2(1)(2) (with art. 2(3)(4))

6A(1)This paragraph applies where a court proposing to make a supervision order is satisfied—E+W

(a)that the offender is dependent on, or has a propensity to misuse, drugs, and

(b)that his dependency or propensity is such as requires and may be susceptible to treatment.

(2)Where this paragraph applies, the court may include in the supervision order a requirement that the offender shall, for a period specified in the order (“the treatment period”), submit to treatment by or under the direction of a specified person having the necessary qualifications and experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs.

(3)The required treatment shall be—

(a)treatment as a resident in such institution or place as may be specified in the order, or

(b)treatment as a non-resident at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

(4)A requirement shall not be included in a supervision order by virtue of sub-paragraph (2) above—

(a)in any case, unless—

(i)the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident), and

(ii)the requirement has been recommended to the court as suitable for the offender by an officer of a local probation board [F24, by an officer of a provider of probation services] or by a member of a youth offending team; and

(b)in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion.

(5)Subject to sub-paragraph (6), a supervision order which includes a treatment requirement may also include a requirement (“a testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment period, the offender shall during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the supervisor or the treatment provider, provide samples of such description as may be so determined.

(6)A testing requirement shall not be included in a supervision order by virtue of sub-paragraph (5) above unless—

(a)the offender is aged 14 or over and consents to its inclusion, and

(b)the court has been notified by the Secretary of State that arrangements for implementing such requirements are in force in the area proposed to be specified in the order.

(7)A testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.

(8)A supervision order including a testing requirement shall provide for the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the supervisor to be communicated to the supervisor.]

Textual Amendments

Requirements as to educationE+W

7(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, a supervision order to which this paragraph applies may require the offender, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the [F25local authority] .

(3)The court shall not include such a requirement in a supervision order unless—

(a)it has consulted the [F25local authority] with regard to its proposal to include the requirement; and

(b)it is satisfied that in the view of the [F25local authority] arrangements exist for the offender to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.

(4)Expressions used in sub-paragraphs (2) and (3) above and in the M5Education Act 1996 have the same meaning in those sub-paragraphs as in that Act.

(5)The court may not include a requirement under sub-paragraph (2) above unless it has first consulted the supervisor as to the offender’s circumstances and, having regard to the circumstances of the case, it considers the requirement 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.

Exercise of powers under paragraphs 3, 6 and 7E+W

8(1)Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of paragraph 3, 6 or 7 above may be exercised in relation to him whether or not any other such power is exercised.E+W

(2)Sub-paragraph (1) above is without prejudice to the power to include in a supervision order any other combination of requirements under different paragraphs of this Schedule that is authorised by this Schedule.]