THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
C2CHAPTER 5Suspended sentences
Suspended sentence order with community requirement: obligations of responsible officer and offender
I1C1302Duty to obtain permission before changing residence
1
This section applies during the supervision period of a suspended sentence order which imposes one or more community requirements.
But it does not apply if the order includes a residence requirement (see paragraph 13 of Schedule 9).
2
The offender must not change residence without permission given in accordance with this section by—
a
the responsible officer, or
b
a court.
3
The obligation imposed by subsection (2) has effect as if it were a community requirement imposed by the suspended sentence order.
4
The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused.
5
A court may also give permission in any proceedings before it under Schedule 16 (breach or amendment of orders etc).
6
The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—
a
is likely to prevent the offender complying with a requirement imposed by the suspended sentence order, or
b
would hinder the offender's rehabilitation.
7
The responsible officer must refuse an application for permission if—
a
the offender's present residence is in England or Wales, and
b
the offender's proposed residence is outside England and Wales.
8
For cases in which a suspended sentence order has to be amended because of permission given under this section, see paragraph 23 of Schedule 16 (amendment to reflect change in local justice area).
9
In this section “the appropriate court” has the same meaning as in Schedule 16.
Pt. 10 Ch. 5 applied (with modifications) by 2006 s. 52, ss. 200-207, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19-26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)