C4C3Part 12Sentencing
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
Chapter 3F1Suspended sentence orders
Pt. 12 Ch. 3 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 9 para. 3 (with s. 68(7)); S.I. 2012/2906, art. 2(g)
Suspended sentences
I1C1C2190Imposition of requirements by suspended sentence order
F121
The requirements falling within this subsection are—
a
an unpaid work requirement (as defined by section 199),
F6aa
a rehabilitation activity requirement (as defined by section 200A),
F9b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a programme requirement (as defined by section 202),
d
a prohibited activity requirement (as defined by section 203),
e
a curfew requirement (as defined by section 204),
f
an exclusion requirement (as defined by section 205),
g
a residence requirement (as defined by section 206),
F2ga
a foreign travel prohibition requirement (as defined by section 206A),
h
a mental health treatment requirement (as defined by section 207),
i
a drug rehabilitation requirement (as defined by section 209),
j
an alcohol treatment requirement (as defined by section 212),
F18ja
an alcohol abstinence and monitoring requirement (as defined by section 212A),
F10k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
l
in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214)F13, and
m
an electronic monitoring requirement (as defined by section 215).
2
Section F3189(1A) has effect subject to section 218 and to the following provisions of Chapter 4 relating to particular requirements—
a
section 199(3) (unpaid work requirement),
F11b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
section 203(2) (prohibited activity requirement),
e
section 207(3) (mental health treatment requirement),
f
section 209(2)
(drug rehabilitation requirement), F19and
h
section 212A(8) to (12) (alcohol abstinence and monitoring requirement).F15, and
i
section 215(2) (electronic monitoring requirement).
3
Where the court makes a suspended sentence order imposing a curfew requirement or an exclusion requirement, it must also impose an electronic monitoring requirement F16(as defined by section 215)F16within section 215(1)(a) for securing the electronic monitoring of the curfew or exclusion requirement unless—
a
the court is prevented from doing so by section 215(2) or 218(4), or
b
in the particular circumstances of the case, it considers it inappropriate to do so.
4
F17Where the court makes a suspended sentence order imposing an unpaid work requirement, F7a rehabilitation activity requirement,F8... a programme requirement, a prohibited activity requirement, a residence requirement, F5a foreign travel prohibition requirement, a mental health treatment requirement, a drug rehabilitation requirement, an alcohol treatment requirement F8... or an attendance centre requirement, the court may also impose an electronic monitoring requirement unless the court is prevented from doing so by section 215(2) or 218(4).
5
Before making a suspended sentence order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4