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Sentencing Act 2020

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This is the original version (as it was originally enacted).

333Requirements included in orders

(1)A criminal behaviour order that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

(2)Before including a requirement, the court must receive evidence about its suitability and enforceability from—

(a)the individual to be specified under subsection (1), if an individual is to be specified;

(b)an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

(3)Before including two or more requirements, the court must consider their compatibility with each other.

(4)A person specified under subsection (1) must—

(a)make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

(b)promote the offender’s compliance with the relevant requirements;

(c)if the person considers that the offender—

(i)has complied with all the relevant requirements, or

(ii)has failed to comply with a relevant requirement,

inform the prosecution and the appropriate chief officer of police.

(5)In subsection (4)(c)the appropriate chief officer of police” means the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the offender resides.

(6)An offender subject to a requirement in a criminal behaviour order must—

(a)keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time;

(b)notify the person of any change of address.

These obligations have effect as requirements of the order.

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