Restrictions on exercise of powers to amend orderU.K.
32(1)The court must not amend the order to impose a requirement unless it appears to the court, in relation to the requirement, that suitable arrangements for the offender's supervision can be made by—U.K.
(a)the local council in Scotland, if the order is an SSSO, or
(b)the Probation Board for Northern Ireland, if the order is an NISSO.
(2)If the order is an SSSO, the court must not impose—
(a)an alcohol abstinence and monitoring requirement,
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)an electronic whereabouts monitoring requirement.
(3)If the order is an NISSO—
(a)the court must not impose an alcohol abstinence and monitoring requirement;
(b)the court must not amend the order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—
(i)any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
(ii)arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
(4)The court must not impose a locally based requirement unless it appears to the court that—
(a)arrangements exist for persons to comply with such a requirement in—
(i)the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or
(ii)Northern Ireland, in the case of an NISSO, and
(b)provision can be made for the offender to comply with the requirement under those arrangements.
(5)For the purposes of this paragraph, “locally based requirement” means any of the following—
(a)an unpaid work requirement;
(b)a rehabilitation activity requirement;
(c)a programme requirement;
(d)a mental health treatment requirement;
(e)a drug rehabilitation requirement;
(f)an alcohol treatment requirement;
(g)in relation to an NISSO, an attendance centre requirement [F2, where such a requirement is available (see section 291(3))];
(h)an electronic compliance monitoring requirement [F3, where such a requirement is available (see section 291(4))].
(6)The court may not provide for the SSSO or NISSO to be subject to review.
Textual Amendments
F1Sch. 17 para. 32(2)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(3)(a); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))
F2Words in Sch. 17 para. 32(5)(g) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(3)(b)(i); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))
F3Words in Sch. 17 para. 32(5)(h) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(3)(b)(ii); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))
Commencement Information
I1Sch. 17 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2