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Paragraph 3 I1I2

F1(1)

In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—

(a)

in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;

(b)

in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.

(2)

A requirement that a person reside with an individual must not be included in an overseas community order unless the individual has consented to the requirement.

(3)

F2Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) does not apply in relation to a requirement in an overseas community order that a person reside with an individual.

(4)

A requirement that a person reside at a F3particular place must not be included in an overseas community order if the offender is aged under 16 on conviction.

F4(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Sch. 6 para. 3(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2

Words in Sch. 6 para. 3(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3

Word in Sch. 6 para. 3(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4

Sch. 6 para. 3(5) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(d) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement

I1

Sch. 6 para. 3 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

Sch. 6 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Schedule 6

Textual amendments

F1

Words in Sch. 6 shoulder note substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2