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Sentencing Act 2020

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CHAPTER 6E+WOrders imposing community requirements

394Rules relating to community orders and suspended sentence orders etcE+W

(1)The Secretary of State may make rules for regulating—

(a)the supervision of persons who are subject to community orders or suspended sentence orders,

(b)without prejudice to the generality of paragraph (a), the functions of responsible officers within the meaning of section 213 or 299 in relation to offenders subject to community orders or suspended sentence orders,

(c)the arrangements to be made by providers of probation services for—

(i)persons subject to unpaid work requirements of such orders to perform work, and

(ii)the performance of such work,

(d)the provision and carrying on of attendance centres,

(e)the attendance of persons subject to—

(i)rehabilitation activity requirements,

(ii)attendance centre requirements, or

(iii)attendance centre requirements imposed by youth rehabilitation orders,

at the places at which they are required to attend, including hours of attendance, reckoning days of attendance and the keeping of attendance records,

(f)electronic monitoring in pursuance of an electronic monitoring requirement of a community order or a suspended sentence order, and

(g)without prejudice to the generality of paragraph (f), the functions of persons made responsible for securing electronic monitoring in pursuance of such a requirement.

(2)Rules under subsection (1)(c) may, in particular, make provision—

(a)limiting the number of hours of work to be done by a person on any one day,

(b)as to the reckoning of hours worked and the keeping of work records, and

(c)for the payment of travelling and other expenses in connection with the performance of work.

(3)Rules under this section are subject to the negative resolution procedure.

Modifications etc. (not altering text)

C1S. 394 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C2S. 394 extended (with modifications) by 2003 c. 44, Sch. 19A para. 5 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C3S. 394 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C4S. 394 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C5S. 394 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1S. 394 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

395Data from electronic monitoring: code of practiceE+W

(1)The Secretary of State must issue a code of practice relating to processing of data gathered in the course of electronic monitoring of offenders under[F1

(a)electronic compliance monitoring requirements and electronic whereabouts monitoring requirements imposed by youth rehabilitation orders, and

(b)]electronic monitoring requirements imposed by community orders and suspended sentence orders.

(2)A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

Textual Amendments

Modifications etc. (not altering text)

C6S. 395 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C7S. 395 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C8S. 395 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I2S. 395 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F2395ACommunity and suspended sentence orders qualifying for special proceduresE+W

(1)A community order or suspended sentence order qualifies for special procedures for the purposes of a relevant provision if the order—

(a)is of a description specified in regulations for the purposes of that provision, and

(b)is made within a period, or after a time, so specified.

(2)In subsection (1) “relevant provision” means—

(a)section 217A;

(b)section 293A;

(c)paragraphs 10(5)(ba) and 11(2)(ba) of Schedule 10;

(d)paragraph 13(1)(da) of Schedule 16.

(3)A description specified under subsection (1)(a) may, among other things, be framed by reference to—

(a)the courts by which the orders are made (for example, courts sitting in particular places or areas);

(b)the persons who are subject to the orders (for example, persons of a particular sex);

(c)the offences to which the orders relate.

(4)Where regulations under subsection (1)(a) specify a description of community or suspended sentence order for the first time, they must under subsection (1)(b) specify, in relation to that description of order, a period of 18 months beginning with the day on which the regulations come into force.

(5)Regulations under this section are to be made by the Secretary of State.

(6)Regulations under this section are subject to—

(a)the negative resolution procedure, where under subsection (1)(b) the regulations specify a period, and

(b)the affirmative resolution procedure, in any other case.]

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