THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
C1CHAPTER 5Suspended sentences
Available community requirements
I2290Suspended sentence order: available community requirements
1
A suspended sentence order may not impose a community requirement that is not an available requirement.
2
A community requirement is an available requirement in relation to a suspended sentence order unless a provision mentioned in column 3 of the entry for that requirement in the table in section 287 provides otherwise.
I1291Suspended sentence order: availability of particular requirements
Alcohol abstinence and monitoring requirement
1
An alcohol abstinence and monitoring requirement is not an available requirement unless regulations are in force under paragraph 25(7)(c) of Schedule 9 (prescribed arrangements for monitoring).
2
An alcohol abstinence and monitoring requirement imposing a requirement within paragraph 25(1)(a)(ii) of Schedule 9 (alcohol level to be kept below specified level) is not an available requirement unless regulations are in force under paragraph 25(7)(b) of that Schedule (prescribed alcohol level).
3Attendance centre requirement
An attendance centre requirement is not an available requirement unless F2—
a
the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
b
the offender was aged under 25 when convicted of the offence.
3AF1Drug testing requirement
A drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
4Electronic compliance monitoring requirement
An electronic compliance monitoring requirement is not an available requirement in relation to a suspended sentence order unless the suspended sentence order imposes at least one other available requirement, other than—
a
an alcohol abstinence and monitoring requirement;
b
an electronic whereabouts monitoring requirement.
Pt. 10 Ch. 5 applied (with modifications) by 2006 s. 52, ss. 200-207, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19-26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)