Sentencing Act 2020

PART 9 E+W Residence requirement

Requirement E+W

22 (1) In this Code “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must— E+W

(a) reside with a particular individual, or

(b) reside—

(i) at a particular place (“the required place”), or

(ii) if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.

(2) A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(a) must specify—

(a) the required period, and

(b) the individual with whom the offender is required to reside.

(3) A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(b) (a “place of residence requirement”) must specify—

(a) the required period,

(b) the required place, and

(c) if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.

Commencement Information

I1 Sch. 6 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Imposing a residence requirement: restrictions and requirements E+W

23 (1) A youth rehabilitation order which imposes a residence requirement within paragraph 22(1)(a) may not specify, as the individual with whom the offender is required to reside, an individual who has not consented to the requirement. E+W

(2) A court may not include a place of residence requirement in a youth rehabilitation order unless the offender is aged 16 or over at the time of conviction.

(3) Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.

(4) A hostel or other institution may not be specified as the required place, except on the recommendation of—

(a) a member of a youth offending team,

(b) an officer of a provider of probation services, or

(c) a social worker of a local authority.

(5) In this paragraph, “place of residence requirement” and “the required place” have the same meanings as in paragraph 22.

Commencement Information

I2 Sch. 6 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2