Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 9 E+W Community orders and suspended sentence orders: requirements

Modifications etc. (not altering text)

C1 Sch. 9 applied (in part) (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)

C2 Sch. 9 applied (in part) (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)

C3 Sch. 9 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)

C4 Sch. 9 applied (in part) (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)

PART 13 E+W Attendance centre requirement [F1 : offenders convicted before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force]

Textual Amendments

F1 Words in Sch. 9 Pt. 13 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 152(4), 208(1); S.I. 2022/520, reg. 5(q)

Requirement E+W

27 (1) In this Code “attendance centre requirement”, in relation to a relevant order, means a requirement that the offender must attend at an attendance centre for a particular number of hours. E+W

(2) A relevant order which imposes an attendance centre requirement must specify the aggregate number of hours for which the offender may be required to attend at an attendance centre

(3) That number must be—

(a) not less than 12, and

(b) not more than 36.

(4) The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer from time to time.

(5) When choosing an attendance centre the responsible officer must consider—

(a) the accessibility of the attendance centre to the offender, having regard to the means of access available to the offender and any other circumstances, and

(b) the description of persons for whom it is available.

(6) The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.

(7) The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender's circumstances.

(8) The offender may not be required under this paragraph to attend at an attendance centre—

(a) more than once on any day, or

(b) for more than 3 hours at a time.

(9) A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, for that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere—

(a) under the supervision of the officer in charge of the centre, and

(b) in accordance with instructions given by, or under the authority of, that officer.

Modifications etc. (not altering text)

C5 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 Sch. 9 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing attendance centre requirement E+W

28 E+W A court may not impose an attendance centre requirement in a relevant order unless the court—

(a) has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description (and the notice has not been withdrawn), and

(b) is satisfied that an attendance centre which is available for persons of the offender's description is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

Commencement Information

I2 Sch. 9 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2