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Paragraph 3 F1

England and Wales

(1)

Subject to the provisions of this paragraph, a probation order may require the offender during the probation period to attend at a probation centre specified in the order.

(2)

A court shall not include such a requirement in a probation order unless—

(a)

it has consulted a probation officer; and

(b)

it is satisfied—

(i)

that arrangements can be made for the offender’s attendance at a centre; and

(ii)

that the person in charge of the centre consents to the inclusion of the requirement.

(3)

A requirement under sub-paragraph (1) above shall operate to require the offender—

(a)

in accordance with instructions given by the probation officer responsible for his supervision, to attend on not more than 60 days at the centre specified in the order; and

(b)

while attending there to comply with instructions given by, or under the authority of, the person in charge of the centre.

F2(4)

Instructions given by a probation officer under sub-paragraph (3) above shall, as far as practicable, be such as to avoid—

(a)

any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the M1Criminal Justice Act 1991) to which he may be subject; and

(b)

any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(5)

References in this paragraph to attendance at a probation centre include references to attendance elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.

(6)

The Secretary of State may make rules for regulating the provision and carrying on of probation centres and the attendance at such centres of persons subject to probation orders; and such rules may in particular include provision with respect to hours of attendance, the reckoning of days of attendance and the keeping of attendance records.

(7)

In this paragraph “probation centre” means premises—

(a)

at which non-residential facilities are provided for use in connection with the rehabilitation of offenders; and

(b)

which are for the time being approved by the Secretary of State as providing facilities suitable for persons subject to probation orders.

Annotations

Textual amendments

F1

Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt. II, Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F2

Sch. 1A para. 3(4) substitued (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 27(2); S.I. 1998/2327, art. 2(1)(w)

Marginal citations

M1

1991 c.53.

Notes on the whole Act

Textual amendments

F1

Act repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Notes on Schedule 1A

Textual amendments

F1

Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt.II, Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Modifications

C1

Sch. 1A modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3, Pt. I paras. 1(3), 2(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2