The Criminal Procedure (Amendment) Rules 2023

Amendments to the Criminal Procedure Rules

9.  In Part 31 (Behaviour orders)—

(a) in rule 31.3 (Application for behaviour order and notice of terms of proposed order: special rules)—

(i) in paragraph (5)(b) after “prohibitions” insert “or requirements”,

(ii) omit paragraph (8), and

(iii) renumber paragraph (9) as (8); and

(b) in rule 31.10 (Notice to supervisor of requirement for supervision or monitoring) for the note to the rule substitute—

“[Note. The legislation that gives the court power to make a behaviour order may specify circumstances in which a requirement for supervision or electronic monitoring may be imposed.

Under section 347A of the Sentencing Act 2020(1) and under section 36 of the Domestic Abuse Act 2021(2) a sexual harm prevention order or a domestic abuse protection order, respectively, which imposes a requirement, other than an electronic monitoring requirement, on the defendant must specify the person or organisation responsible for supervising compliance with that requirement. Before including such a requirement in an order the court must receive evidence from that supervisor about the requirement’s suitability and enforceability.

Under section 348A of the Sentencing Act 2020(3) and under section 37 of the Domestic Abuse Act 2021(4) a sexual harm prevention order or a domestic abuse protection order, respectively, which imposes an electronic monitoring requirement on the defendant must specify the person responsible for that monitoring. If there is a person other than the defendant without whose co-operation it would be impracticable to secure that monitoring, the requirement may not be imposed without that person’s consent.]”

(1)

2020 c. 17; section 347A is inserted by section 175 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) with effect from a date to be appointed.

(2)

2021 c. 17; section 36 comes into force on a date to be appointed.

(3)

2020 c. 17; section 348A is inserted by section 178 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) with effect from a date to be appointed.

(4)

2021 c. 17; section 37 comes into force on a date to be appointed.