Rule 31.9 Notice to supervisor of requirement for supervision or monitoringI1

[Note. The legislation that gives the court power to make a behaviour order may specify circumstances in which a requirement for supervision or electronic monitoring may be imposed.

F1Under section 347A of the Sentencing Act 2020a sexual harm prevention order which imposes a requirement, other than an electronic monitoring requirement, on the defendant must specify the person or organisation responsible for supervising compliance with that requirement. Under section 23 of the Public Order Act 2023^f1 a serious disruption prevention order which imposes a requirement other than a notification requirement under section 24 of that Act^f2 must similarly specify a supervisor. Before including such a requirement in an order the court must receive evidence from that supervisor about the requirement’s suitability and enforceability.

F2Under section 5B of the Serious Crime Act 2007 , section 348A of the Sentencing Act 2020 and section 37 of the Domestic Abuse Act 2021 , a serious crime prevention order, a sexual harm prevention order or a domestic abuse protection order, respectively, which imposes an electronic monitoring requirement on the defendant must specify the person responsible for that monitoring. If there is a person other than the defendant without whose co-operation it would be impracticable to secure that monitoring, the requirement may not be imposed without that person’s consent.]