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).