Criminal Justice Act 2003

Requirements available in case of all offenders

199Unpaid work requirement

(1)In this Part “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with section 200.

(2)The number of hours which a person may be required to work under an unpaid work requirement must be specified in the relevant order and must be in the aggregate—

(a)not less than 40, and

(b)not more than 300.

(3)A court may not impose an unpaid work requirement in respect of an offender unless after hearing (if the courts thinks necessary) an appropriate officer, the court is satisfied that the offender is a suitable person to perform work under such a requirement.

(4)In subsection (3) “an appropriate officer” means—

(a)in the case of an offender aged 18 or over, an officer of a local probation board, and

(b)in the case of an offender aged under 18, an officer of a local probation board, a social worker of a local authority social services department or a member of a youth offending team.

(5)Where the court makes relevant orders in respect of two or more offences of which the offender has been convicted on the same occasion and includes unpaid work requirements in each of them, the court may direct that the hours of work specified in any of those requirements is to be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum specified in subsection (2)(b).

200Obligations of person subject to unpaid work requirement

(1)An offender in respect of whom an unpaid work requirement of a relevant order is in force must perform for the number of hours specified in the order such work at such times as he may be instructed by the responsible officer.

(2)Subject to paragraph 20 of Schedule 8 and paragraph 18 of Schedule 12 (power to extend order), the work required to be performed under an unpaid work requirement of a community order or a suspended sentence order must be performed during a period of twelve months.

(3)Unless revoked, a community order imposing an unpaid work requirement remains in force until the offender has worked under it for the number of hours specified in it.

(4)Where an unpaid work requirement is imposed by a suspended sentence order, the supervision period as defined by section 189(1)(a) continues until the offender has worked under the order for the number of hours specified in the order, but does not continue beyond the end of the operational period as defined by section 189(1)(b)(ii).

201Activity requirement

(1)In this Part “activity requirement”, in relation to a relevant order, means a requirement that the offender must do either or both of the following—

(a)present himself to a person or persons specified in the relevant order at a place or places so specified on such number of days as may be so specified;

(b)participate in activities specified in the order on such number of days as may be so specified.

(2)The specified activities may consist of or include activities whose purpose is that of reparation, such as activities involving contact between offenders and persons affected by their offences.

(3)A court may not include an activity requirement in a relevant order unless—

(a)it has consulted—

(i)in the case of an offender aged 18 or over, an officer of a local probation board,

(ii)in the case of an offender aged under 18, either an officer of a local probation board or a member of a youth offending team, and

(b)it is satisfied that it is feasible to secure compliance with the requirement.

(4)A court may not include an activity requirement in a relevant order if compliance with that requirement would involve the co-operation of a person other than the offender and the offender’s responsible officer, unless that other person consents to its inclusion.

(5)The aggregate of the number of days specified under subsection (1)(a) and (b) must not exceed 60.

(6)A requirement such as is mentioned in subsection (1)(a) operates to require the offender—

(a)in accordance with instructions given by his responsible officer, to present himself at a place or places on the number of days specified in the order, and

(b)while at any place, to comply with instructions given by, or under the authority of, the person in charge of that place.

(7)A place specified under subsection (1)(a) must be—

(a)a community rehabilitation centre, or

(b)a place that has been approved by the local probation board for the area in which the premises are situated as providing facilities suitable for persons subject to activity requirements.

(8)Where the place specified under subsection (1)(a) is a community rehabilitation centre, the reference in subsection (6)(a) to the offender presenting himself at the specified place includes a reference to him presenting himself elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.

(9)A requirement to participate in activities operates to require the offender—

(a)in accordance with instructions given by his responsible officer, to participate in activities on the number of days specified in the order, and

(b)while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.

(10)In this section “community rehabilitation centre” means premises—

(a)at which non-residential facilities are provided for use in connection with the rehabilitation of offenders, and

(b)which are for the time being approved by the Secretary of State as providing facilities suitable for persons subject to relevant orders.

202Programme requirement

(1)In this Part “programme requirement”, in relation to a relevant order, means a requirement that the offender must participate in an accredited programme specified in the order at a place so specified on such number of days as may be so specified.

(2)In this Part “accredited programme” means a programme that is for the time being accredited by the accreditation body.

(3)In this section—

(a)“programme” means a systematic set of activities, and

(b)“the accreditation body” means such body as the Secretary of State may designate for the purposes of this section by order.

(4)A court may not include a programme requirement in a relevant order unless—

(a)the accredited programme which the court proposes to specify in the order has been recommended to the court as being suitable for the offender—

(i)in the case of an offender aged 18 or over, by an officer of a local probation board, or

(ii)in the case of an offender aged under 18, either by an officer of a local probation board or by a member of a youth offending team, and

(b)the court is satisfied that the programme is (or, where the relevant order is a custody plus order or an intermittent custody order, will be) available at the place proposed to be specified.

(5)A court may not include a programme requirement in a relevant order if compliance with that requirement would involve the co-operation of a person other than the offender and the offender’s responsible officer, unless that other person consents to its inclusion.

(6)A requirement to attend an accredited programme operates to require the offender—

(a)in accordance with instructions given by the responsible officer, to participate in the accredited programme at the place specified in the order on the number of days specified in the order, and

(b)while at that place, to comply with instructions given by, or under the authority of, the person in charge of the programme.

(7)A place specified in an order must be a place that has been approved by the local probation board for the area in which the premises are situated as providing facilities suitable for persons subject to programme requirements.

203Prohibited activity requirement

(1)In this Part “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities specified in the order—

(a)on a day or days so specified, or

(b)during a period so specified.

(2)A court may not include a prohibited activity requirement in a relevant order unless it has consulted—

(a)in the case of an offender aged 18 or over, an officer of a local probation board;

(b)in the case of an offender aged under 18, either an officer of a local probation board or a member of a youth offending team.

(3)The requirements that may by virtue of this section be included in a relevant order include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968 (c. 27).

204Curfew requirement

(1)In this Part “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for periods specified in the relevant order, at a place so specified.

(2)A relevant order imposing a curfew requirement may specify different places or different periods for different days, but may not specify periods which amount to less than two hours or more than twelve hours in any day.

(3)A community order or suspended sentence order which imposes a curfew requirement may not specify periods which fall outside the period of six months beginning with the day on which it is made.

(4)A custody plus order which imposes a curfew requirement may not specify a period which falls outside the period of six months beginning with the first day of the licence period as defined by section 181(3)(b).

(5)An intermittent custody order which imposes a curfew requirement must not specify a period if to do so would cause the aggregate number of days on which the offender is subject to the requirement for any part of the day to exceed 182.

(6)Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).

205Exclusion requirement

(1)In this Part “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a place specified in the order for a period so specified.

(2)Where the relevant order is a community order, the period specified must not be more than two years.

(3)An exclusion requirement—

(a)may provide for the prohibition to operate only during the periods specified in the order, and

(b)may specify different places for different periods or days.

(4)In this section “place” includes an area.

206Residence requirement

(1)In this Part, “residence requirement”, in relation to a community order or a suspended sentence order, means a requirement that, during a period specified in the relevant order, the offender must reside at a place specified in the order.

(2)If the order so provides, a residence requirement does not prohibit the offender from residing, with the prior approval of the responsible officer, at a place other than that specified in the order.

(3)Before making a community order or suspended sentence order containing a residence requirement, the court must consider the home surroundings of the offender.

(4)A court may not specify a hostel or other institution as the place where an offender must reside, except on the recommendation of an officer of a local probation board.

207Mental health treatment requirement

(1)In this Part, “mental health treatment requirement”, in relation to a community order or suspended sentence order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment by or under the direction of a registered medical practitioner or a chartered psychologist (or both, for different periods) with a view to the improvement of the offender’s mental condition.

(2)The treatment required must be such one of the following kinds of treatment as may be specified in the relevant order—

(a)treatment as a resident patient in an independent hospital or care home within the meaning of the Care Standards Act 2000 (c. 14) or a hospital within the meaning of the Mental Health Act 1983 (c. 20), but not in hospital premises where high security psychiatric services within the meaning of that Act are provided;

(b)treatment as a non-resident patient at such institution or place as may be specified in the order;

(c)treatment by or under the direction of such registered medical practitioner or chartered psychologist (or both) as may be so specified;

but the nature of the treatment is not to be specified in the order except as mentioned in paragraph (a), (b) or (c).

(3)A court may not by virtue of this section include a mental health treatment requirement in a relevant order unless—

(a)the court is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of the offender—

(i)is such as requires and may be susceptible to treatment, but

(ii)is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act;

(b)the court is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and

(c)the offender has expressed his willingness to comply with such a requirement.

(4)While the offender is under treatment as a resident patient in pursuance of a mental health requirement of a relevant order, his responsible officer shall carry out the supervision of the offender to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

(5)Subsections (2) and (3) of section 54 of the Mental Health Act 1983 (c. 20) have effect with respect to proof for the purposes of subsection (3)(a) of an offender’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.

(6)In this section and section 208, “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists.

208Mental health treatment at place other than that specified in order

(1)Where the medical practitioner or chartered psychologist by whom or under whose direction an offender is being treated for his mental condition in pursuance of a mental health treatment requirement is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

(a)is not specified in the relevant order, and

(b)is one in or at which the treatment of the offender will be given by or under the direction of a registered medical practitioner or chartered psychologist,

he may, with the consent of the offender, make arrangements for him to be treated accordingly.

(2)Such arrangements as are mentioned in subsection (1) may provide for the offender to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the relevant order.

(3)Where any such arrangements as are mentioned in subsection (1) are made for the treatment of an offender—

(a)the medical practitioner or chartered psychologist by whom the arrangements are made shall give notice in writing to the offender’s responsible officer, specifying the institution or place in or at which the treatment is to be carried out; and

(b)the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the relevant order.

209Drug rehabilitation requirement

(1)In this Part “drug rehabilitation requirement”, in relation to a community order or suspended sentence order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender—

(a)must submit to treatment by or under the direction of a specified person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs, and

(b)for the purpose of ascertaining whether he has any drug in his body during that period, must provide samples of such description as may be so determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person by or under whose direction the treatment is to be provided.

(2)A court may not impose a drug rehabilitation requirement unless—

(a)it is satisfied—

(i)that the offender is dependent on, or has a propensity to misuse, drugs, and

(ii)that his dependency or propensity is such as requires and may be susceptible to treatment,

(b)it is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident),

(c)the requirement has been recommended to the court as being suitable for the offender—

(i)in the case of an offender aged 18 or over, by an officer of a local probation board, or

(ii)in the case of an offender aged under 18, either by an officer of a local probation board or by a member of a youth offending team, and

(d)the offender expresses his willingness to comply with the requirement.

(3)The treatment and testing period must be at least six months.

(4)The required treatment for any particular period must be—

(a)treatment as a resident in such institution or place as may be specified in the order, or

(b)treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment is not to be specified in the order except as mentioned in paragraph (a) or (b) above.

(5)The function of making a determination as to the provision of samples under provision included in the community order or suspended sentence order by virtue of subsection (1)(b) is to be exercised in accordance with guidance given from time to time by the Secretary of State.

(6)A community order or suspended sentence order imposing a drug rehabilitation requirement must provide that the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the responsible officer are to be communicated to the responsible officer.

(7)In this section “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).

210Drug rehabilitation requirement: provision for review by court

(1)A community order or suspended sentence order imposing a drug rehabilitation requirement may (and must if the treatment and testing period is more than 12 months)—

(a)provide for the requirement to be reviewed periodically at intervals of not less than one month,

(b)provide for each review of the requirement to be made, subject to section 211(6), at a hearing held for the purpose by the court responsible for the order (a “review hearing”),

(c)require the offender to attend each review hearing,

(d)provide for the responsible officer to make to the court responsible for the order, before each review, a report in writing on the offender’s progress under the requirement, and

(e)provide for each such report to include the test results communicated to the responsible officer under section 209(6) or otherwise and the views of the treatment provider as to the treatment and testing of the offender.

(2)In this section references to the court responsible for a community order or suspended sentence order imposing a drug rehabilitation requirement are references—

(a)where a court is specified in the order in accordance with subsection (3), to that court;

(b)in any other case, to the court by which the order is made.

(3)Where the area specified in a community order or suspended sentence order which is made by a magistrates' court and imposes a drug rehabilitation requirement is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (2) a magistrates' court which acts for the area specified in the order.

(4)Where a community order or suspended sentence order imposing a drug rehabilitation requirement has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, for the purposes of subsection (2)(b) it shall be taken to have been made by the Crown Court.

211Periodic review of drug rehabilitation requirement

(1)At a review hearing (within the meaning given by subsection (1) of section 210) the court may, after considering the responsible officer’s report referred to in that subsection, amend the community order or suspended sentence order, so far as it relates to the drug rehabilitation requirement.

(2)The court—

(a)may not amend the drug rehabilitation requirement unless the offender expresses his willingness to comply with the requirement as amended,

(b)may not amend any provision of the order so as to reduce the period for which the drug rehabilitation requirement has effect below the minimum specified in section 209(3), and

(c)except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending.

(3)If the offender fails to express his willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—

(a)revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and

(b)deal with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(4)In dealing with the offender under subsection (3)(b), the court—

(a)shall take into account the extent to which the offender has complied with the requirements of the order, and

(b)may impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2).

(5)Where the order is a community order made by a magistrates' court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under subsection (3)(b) in respect of the offender after he attains the age of 18 are powers to do either or both of the following—

(a)to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;

(b)to deal with the offender for that offence in any way in which the court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding twelve months.

(6)If at a review hearing (as defined by section 210(1)(b)) the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the requirement is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.

(7)If at a review without a hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the requirement is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.

(8)At that hearing the court, after considering that report, may—

(a)exercise the powers conferred by this section as if the hearing were a review hearing, and

(b)so amend the order as to provide for each subsequent review to be made at a review hearing.

(9)In this section any reference to the court, in relation to a review without a hearing, is to be read—

(a)in the case of the Crown Court, as a reference to a judge of the court;

(b)in the case of a magistrates' court, as a reference to a justice of the peace acting for the commission area for which the court acts.

212Alcohol treatment requirement

(1)In this Part “alcohol treatment requirement”, in relation to a community order or suspended sentence order, means a requirement that the offender must submit during a period specified in the order to treatment by or under the direction of a specified person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on alcohol.

(2)A court may not impose an alcohol treatment requirement in respect of an offender unless it is satisfied—

(a)that he is dependent on alcohol,

(b)that his dependency is such as requires and may be susceptible to treatment, and

(c)that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident).

(3)A court may not impose an alcohol treatment requirement unless the offender expresses his willingness to comply with its requirements.

(4)The period for which the alcohol treatment requirement has effect must be not less than six months.

(5)The treatment required by an alcohol treatment requirement for any particular period must be—

(a)treatment as a resident in such institution or place as may be specified in the order,

(b)treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified, or

(c)treatment by or under the direction of such person having the necessary qualification or experience as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.

213Supervision requirement

(1)In this Part “supervision requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must attend appointments with the responsible officer or another person determined by the responsible officer, at such time and place as may be determined by the officer.

(2)The purpose for which a supervision requirement may be imposed is that of promoting the offender’s rehabilitation.

(3)In subsection (1) “the relevant period” means—

(a)in relation to a community order, the period for which the community order remains in force,

(b)in relation to a custody plus order, the licence period as defined by section 181(3)(b),

(c)in relation to an intermittent custody order, the licence periods as defined by section 183(3), and

(d)in relation to a suspended sentence order, the supervision period as defined by section 189(1)(a).