Residence requirementU.K.
3[F1(1)In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—U.K.
(a)in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;
(b)in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.]
(2)A requirement that a person reside with an individual must not be included in an overseas community order unless the individual has consented to the requirement.
(3)[F2Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) does not apply] in relation to a requirement in an overseas community order that a person reside with an individual.
(4)A requirement that a person reside at a [F3particular] place must not be included in an overseas community order if the offender is aged under 16 on conviction.
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 6 para. 3(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F2Words in Sch. 6 para. 3(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F3Word in Sch. 6 para. 3(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F4Sch. 6 para. 3(5) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(d) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Commencement Information
I1Sch. 6 para. 3 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2Sch. 6 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4