THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
CHAPTER 5Suspended sentences
Making a suspended sentence order with community requirements
296Order to specify offender’s home local justice area
1
A suspended sentence order which imposes any community requirement must specify the area which is the offender’s home local justice area.
2
That area must be the local justice area in which the offender resides or will reside.
297Power to direct magistrates’ court supervision of order
Where the Crown Court makes a suspended sentence order which imposes any community requirement, it may make a direction that the order is to be subject to magistrates’ court supervision.
For the effect of such a direction, see Parts 2 and 3 of Schedule 16 (breach or amendment of a community requirement of a suspended sentence order).
298Provision of copies of order and related documents
1
This section applies on the making by a court of a suspended sentence order which imposes one or more community requirements.
2
The court must forthwith provide copies of the order—
a
to the offender,
b
to the responsible officer,
c
to an officer of a provider of probation services that is a public sector provider who is acting at the court, and
d
if the court does not act in the offender’s home local justice area, to a provider of probation services that is a public sector provider and is operating in that area.
3
If the order imposes any requirement specified in column 1 of the following table the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.
The requirement | The person to whom a copy must be provided |
|---|---|
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender. | The person intended to be protected |
A residence requirement relating to residence in an institution. | The person in charge of the institution |
A mental health treatment requirement. | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule |
A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9 |
An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule |
An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring |
Any person without whose consent the requirement could not be included in the order. |
4
If the court does not act in the offender’s home local justice area, it must provide the magistrates’ court acting in that area with—
a
a copy of the order, and
b
such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.
5
In subsection (2) “public sector provider” means—
a
a probation trust or other public body, or
b
the Secretary of State.