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Criminal Justice and Immigration Act 2008

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This is the original version (as it was originally enacted).

Programme requirement

This section has no associated Explanatory Notes

11(1)In this Part of this Act “programme requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must participate in a systematic set of activities (“a programme”) specified in the order at a place or places so specified on such number of days as may be so specified.

(2)A programme requirement may require the offender to reside at any place specified in the order under sub-paragraph (1) for any period so specified if it is necessary for the offender to reside there for that period in order to participate in the programme.

(3)A court may not include a programme requirement in a youth rehabilitation order unless—

(a)the programme which the court proposes to specify in the order has been recommended to the court by—

(i)a member of a youth offending team,

(ii)an officer of a local probation board, or

(iii)an officer of a provider of probation services,

as being suitable for the offender, and

(b)the court is satisfied that the programme is available at the place or places proposed to be specified.

(4)A court may not include a programme requirement in a youth rehabilitation 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.

(5)A requirement to participate in a programme operates to require the offender—

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

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

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