Part 12Sentencing
Chapter 3Suspended sentence orders
Suspended sentences
190Imposition of requirements by suspended sentence order
(1)
The requirements falling within this subsection are—
(a)
an unpaid work requirement (as defined by section 199),
F1(aa)
a rehabilitation activity requirement (as defined by section 200A),
F2(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
a programme requirement (as defined by section 202),
(d)
a prohibited activity requirement (as defined by section 203),
(e)
a curfew requirement (as defined by section 204),
(f)
an exclusion requirement (as defined by section 205),
(g)
a residence requirement (as defined by section 206),
F3(ga)
a foreign travel prohibition requirement (as defined by section 206A),
(h)
a mental health treatment requirement (as defined by section 207),
(i)
a drug rehabilitation requirement (as defined by section 209),
(j)
an alcohol treatment requirement (as defined by section 212),
F4(ja)
an alcohol abstinence and monitoring requirement (as defined by section 212A),
F5(k)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l)
in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214).
(2)
Section F6189(1A) has effect subject to section 218 and to the following provisions of Chapter 4 relating to particular requirements—
(a)
section 199(3) (unpaid work requirement),
F7(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
section 203(2) (prohibited activity requirement),
(e)
section 207(3) (mental health treatment requirement),
(f)
section 209(2)
(drug rehabilitation requirement), F9and
(g)
section 212(2) and (3) (alcohol treatment requirement) F10, and
(h)
section 212A(8) to (12) (alcohol abstinence and monitoring requirement).
(3)
Where the court makes a suspended sentence order imposing a curfew requirement or an exclusion requirement, it must also impose an electronic monitoring requirement (as defined by section 215) unless—
(a)
the court is prevented from doing so by section 215(2) or 218(4), or
(b)
in the particular circumstances of the case, it considers it inappropriate to do so.
(4)
Where the court makes a suspended sentence order imposing an unpaid work requirement, F11a rehabilitation activity requirement, F12... a programme requirement, a prohibited activity requirement, a residence requirement, F13a foreign travel prohibition requirement, a mental health treatment requirement, a drug rehabilitation requirement, an alcohol treatment requirement F12... or an attendance centre requirement, the court may also impose an electronic monitoring requirement unless the court is prevented from doing so by section 215(2) or 218(4).
(5)
Before making a suspended sentence order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.