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Criminal Justice Act 2003

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This is the original version (as it was originally enacted).

202Programme requirement
This sectionnoteType=Explanatory Notes has no associated

(1)In this Part “programme requirement”, in relation to a relevant order, means a requirement that the offender must participate in an accredited programme specified in the order at a place so specified on such number of days as may be so specified.

(2)In this Part “accredited programme” means a programme that is for the time being accredited by the accreditation body.

(3)In this section—

(a)“programme” means a systematic set of activities, and

(b)“the accreditation body” means such body as the Secretary of State may designate for the purposes of this section by order.

(4)A court may not include a programme requirement in a relevant order unless—

(a)the accredited programme which the court proposes to specify in the order has been recommended to the court as being suitable for the offender—

(i)in the case of an offender aged 18 or over, by an officer of a local probation board, or

(ii)in the case of an offender aged under 18, either by an officer of a local probation board or by a member of a youth offending team, and

(b)the court is satisfied that the programme is (or, where the relevant order is a custody plus order or an intermittent custody order, will be) available at the place proposed to be specified.

(5)A court may not include a programme requirement in a relevant order if compliance with that requirement 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.

(6)A requirement to attend an accredited programme operates to require the offender—

(a)in accordance with instructions given by the responsible officer, to participate in the accredited programme at the place specified in the order on the number of days specified in the order, and

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

(7)A place specified in an order must be a place that has been approved by the local probation board for the area in which the premises are situated as providing facilities suitable for persons subject to programme requirements.

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