The Criminal Justice (Sentencing) (Licence Conditions) Order 2005

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Criminal Justice (Sentencing) (Licence Conditions) Order 2005 and shall come into force on 4th April 2005.

(2) In this Order–

“the Act” means the Criminal Justice Act 2003;

“the 1991 Act” means the Criminal Justice Act 1991(1).

Standard conditions of licence

2.—(1) The conditions set out in paragraph (2) are the standard conditions prescribed for the purposes of section 250 (1) of the Act.

(2) The prisoner must–

(a) keep in touch with the responsible officer as instructed by him;

(b) receive visits from the responsible officer as instructed by him;

(c) permanently reside at an address approved by the responsible officer and obtain the prior permission of the responsible officer for any stay of one or more nights at a different address;

(d) undertake work (including voluntary work) only with the approval of the responsible officer and obtain his prior approval in relation to any change in the nature of that work;

(e) not travel outside the United Kingdom, the Channel Islands or the Isle of Man without the prior permission of the responsible officer, except where he is deported or removed from the United Kingdom in accordance with the Immigration Act 1971(2) or the Immigration and Asylum Act 1999(3);

(f) be of good behaviour, and not behave in a way which undermines the purposes of the release on licence, which are to protect the public, prevent re-offending and promote successful re-integration into the community;

(g) not commit any offence.

Other conditions of licence

3.—(1) Conditions of a kind set out in paragraph (2) are prescribed for the purposes of section 250(2)(b)(ii) and (4) (b) (ii) of the Act.

(2) The conditions are those which impose on a prisoner:

(a) a requirement that he reside at a certain place;

(b) a requirement relating to his making or maintaining contact with a person;

(c) a restriction relating to his making or maintaining contact with a person;

(d) a restriction on his participation in, or undertaking of, an activity;

(e) a requirement that he participate in, or co-operate with, a programme or set of activities designed to further one or more of the purposes referred to in section 250(8) of the Act;

(f) a requirement that he comply with a curfew arrangement;

(g) a restriction on his freedom of movement (which is not a requirement referred to in sub-paragraph (f));

(h) a requirement relating to his supervision in the community by a responsible officer.

(3) For the purpose of this article, “curfew arrangement” means an arrangement under which a prisoner is required to remain at a specified place for a specified period of time which is not an arrangement contained in a condition imposed by virtue of section 37A(1)(4) of the 1991 Act or section 250(5) of the Act.

Revocation and saving

4.—(1) The Criminal Justice (Sentencing) (Licence Conditions) Order 2003(5) is hereby revoked.

(2) The revocation of the instrument referred to in paragraph (1) does not affect the validity of conditions included in any licence granted under Chapter 6 of Part 12 of the Act before 4th April 2005 and in force on that date.

Paul Goggins

Parliamentary Under-Secretary of State

Home Office

9th March 2005