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Changes over time for: Section 28.2

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Notice of requirements of suspended sentence and community, etc. ordersE+W

This section has no associated Explanatory Memorandum

28.2.—(1) This rule applies where the court—

(a)makes a suspended sentence order;

(b)imposes a requirement under—

(i)a community order,

(ii)a youth rehabilitation order, or

(iii)a suspended sentence order; or

(c)orders the defendant to attend meetings with a supervisor.

(2) The court officer must notify—

(a)the defendant of—

(i)the length of the sentence suspended by a suspended sentence order, and

(ii)the period of the suspension;

(b)the defendant and, where the defendant is under 14, an appropriate adult, of—

(i)any requirement or requirements imposed, and

(ii)the identity of any responsible officer or supervisor, and the means by which that person may be contacted;

(c)any responsible officer or supervisor, and, where the defendant is under 14, the appropriate qualifying officer (if that is not the responsible officer), of—

(i)the defendant’s name, address and telephone number (if available),

(ii)the offence or offences of which the defendant was convicted, and

(iii)the requirement or requirements imposed; and

(d)the person affected, where the court imposes a requirement—

(i)for the protection of that person from the defendant, or

(ii)requiring the defendant to reside with that person.

(3) If the court imposes an electronic monitoring requirement, the monitor of which is not the responsible officer, the court officer must—

(a)notify the defendant and, where the defendant is under 16, an appropriate adult, of the monitor’s identity, and the means by which the monitor may be contacted; and

(b)notify the monitor of—

(i)the defendant’s name, address and telephone number (if available),

(ii)the offence or offences of which the defendant was convicted,

(iii)the place or places at which the defendant’s presence must be monitored,

(iv)the period or periods during which the defendant’s presence there must be monitored, and

(v)the identity of the responsible officer, and the means by which that officer may be contacted.

[Note. See [F1sections 212(2) and 298(2) of the Sentencing Act 2020]; [F1section 190(2) of the 2020 Act]; and section 1A(7) of the Street Offences Act 1959(1).

For the circumstances in which the court may—

(a)make a suspended sentence order, see [F2sections 264, 277, 286 and 288 of the 2020 Act];

[F3(b)make a community order (defined by section 200 of the 2020 Act), or a youth rehabilitation order (defined by section 173(1) of that Act), and for the identity and duties of responsible officers and qualifying officers, see generally Chapters 1 and 2 of Part 9 of the 2020 Act;]

(c)order the defendant to attend meetings with a supervisor, see section 1(2A) of the Street Offences Act 1959(2).

Under [F4sections 174, 201 or 287 of the 2020 Act], the court may impose an electronic monitoring requirement to secure the monitoring of the defendant’s compliance with certain other requirements (for example, a curfew or an exclusion).]

Textual Amendments

Commencement Information

I1Rule 28.2 in force at 5.10.2020, see Preamble

(1)

1959 c. 57; section 1A was inserted by section 17(1) and (3) of the Policing and Crime Act 2009 (c. 26).

(2)

1959 c. 57; section 1(2A) was inserted by section 17(1) and (3) of the Policing and Crime Act 2009 (c. 26).

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