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Criminal Justice and Immigration Act 2008

Section 5: Responsible officer and offender: duties in relation to the other

177.Section 5 establishes the statutory duties of the responsible officer and offender in relation to each other. Under subsection (1)the responsible officer must make any necessary arrangements for the offender to fulfil the requirements of the order, promote the offender’s compliance with the requirements, and take enforcement action in the case of non-compliance. Subsection (2) makes an exception for responsible officers who are electronic monitoring providers. Subsection (3)provides that in giving instructions in relation to the YRO the responsible officer must ensure, as far as practicable, that any instruction avoids any conflict with an offender’s religious beliefs, with his attendance at school or at any other educational establishment or with the requirements of any other YRO to which he is subject. Subsection (4) provides the Secretary of State with an order-making power (subject to the negative resolution procedure) to add to the restrictions in subsection (3). Under subsection (5) an offender must keep in touch with his responsible officer, in accordance with any instructions in that regard from the responsible officer. The offender must also notify the responsible officer of any change of residence. Under subsection (6), if the offender does not keep in touch as required, or if he changes his residence without notifying the responsible officer, he or she is liable to breach proceedings.

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