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Version Superseded: 01/04/2001
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Powers of Criminal Courts (Sentencing) Act 2000, Paragraph 2 is up to date with all changes known to be in force on or before 29 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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2(1)Subject to the provisions of this paragraph, a probation order may require the offender—
(a)to present himself to a person or persons specified in the order at a place or places so specified;
(b)to participate or refrain from participating in activities specified in the order—
(i)on a day or days so specified; or
(ii)during the probation period or such portion of it as may be so specified.
(2)A court shall not include in a probation order a requirement such as is mentioned in sub-paragraph (1) above unless—
(a)it has consulted—
(i)in the case of an offender aged 18 or over, a probation officer; or
(ii)in the case of an offender aged under 18, either a probation officer or a member of a youth offending team; and
(b)it is satisfied that it is feasible to secure compliance with the requirement.
(3)A court shall not include a requirement such as is mentioned in sub-paragraph (1)(a) above or a requirement to participate in activities if it 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.
(4)A requirement such as is mentioned in sub-paragraph (1)(a) above shall operate to require the offender—
(a)in accordance with instructions given by his responsible officer, to present himself at a place or places for not more than 60 days in the aggregate; and
(b)while at any place, to comply with instructions given by, or under the authority of, the person in charge of that place.
(5)A place specified in an order shall have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.
(6)A requirement to participate in activities shall operate to require the offender—
(a)in accordance with instructions given by his responsible officer, to participate in activities for not more than 60 days in the aggregate; and
(b)while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.
(7)Instructions given by the offender’s responsible officer under sub-paragraph (4) or (6) above shall, as far as practicable, be such as to avoid—
(a)any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and
(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
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