Explanatory Notes

Legal Aid, Sentencing and Punishment of Offenders Act 2012

2012 CHAPTER 10

1 May 2012

Commentary

Part 3: Sentencing and punishment of offenders

Chapter 1: Sentencing
Requirements under community orders and suspended sentence orders
Section 72: Foreign travel prohibition requirement

403.Section 72 amends sections 177 and 190 of the 1991 Act to enable a court to impose a prohibition on foreign travel as a requirement in a community order or suspended sentence order. The effect of the new requirement is to prohibit travel to a country or countries (or territory or territories) outside the British Islands (the United Kingdom, the Channel Islands and the Isle of Man).

404.Currently courts can already impose a number of requirements that restrict offenders’ movements in some way. These include curfews, residence requirements, and exclusion requirements. However, there is no requirement which gives courts an express power to prohibit an offender from travelling outside the British Islands.