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Powers of Criminal Courts (Sentencing) Act 2000

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This is the original version (as it was originally enacted).

3(1)Subject to the provisions of this paragraph, a probation order may require the offender during the probation period to attend at a probation centre specified in the order.

(2)A court shall not include in a probation order such a requirement as is mentioned in sub-paragraph (1) above unless it has consulted—

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

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

(3)A court shall not include such a requirement in a probation order unless it is satisfied—

(a)that arrangements can be made for the offender’s attendance at a centre; and

(b)that the person in charge of the centre consents to the inclusion of the requirement.

(4)A requirement under sub-paragraph (1) above shall operate to require the offender—

(a)in accordance with instructions given by his responsible officer, to attend on not more than 60 days at the centre specified in the order; and

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

(5)Instructions given by the offender’s responsible officer under sub-paragraph (4) 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.

(6)References in this paragraph to attendance at a probation centre include references to attendance 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.

(7)The Secretary of State may make rules for regulating the provision and carrying on of probation centres and the attendance at such centres of persons subject to probation orders; and such rules may in particular include provision with respect to hours of attendance, the reckoning of days of attendance and the keeping of attendance records.

(8)In this paragraph “probation 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 probation orders.

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