THIRD GROUP OF PARTSDisposals

PART 9Community sentences

CHAPTER 2Community orders

Obligations of responsible officer and offender

I1C4C1C3C2216Duty of offender to obtain permission before changing residence

1

This section applies where a community order—

a

is in force, and

b

does not include a residence requirement imposed under paragraph 13 of Schedule 9.

2

The offender must not change residence except with permission given in accordance with this section by—

a

the responsible officer, or

b

a court.

3

This obligation has effect as if it were a community order requirement of the community order.

4

The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused.

For this purpose, “appropriate court” has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule).

5

A court may also give permission in any proceedings before it under Schedule 10 (breach or amendment of order etc).

6

The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—

a

is likely to prevent the offender complying with a requirement imposed by the community order, or

b

would hinder the offender's rehabilitation.

7

The responsible officer must refuse an application for permission if—

a

the offender's present residence is in England or Wales, and

b

the offender's proposed residence is outside England and Wales.

8

For cases in which a community order has to be amended because of permission given under this section, see paragraph 16 of Schedule 10 (amendment to reflect change in local justice area).