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Section 4B Probation orders requiring attendance at day centre.F1C2

England and Wales

(1)

Without prejudice to the generality of sections 2(3) and 4A above, the power conferred by section 2(3) above includes power, subject to the provisions of this section, to require the probationer during the probation period to attend at a day 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 probationer’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 subection (1) above shall operate to require the probationer—

(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.

(4)

Instructions given by a probation officer under subsection (3) above shall, so far as is practicable, be such as to avoid any interference with the times, if any, at which the probationer normally works or attends a school or other educational establishment.

(5)

References in this section to attendance at a day 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.

C1(6)

In this section “day centre” means premises at which non-residential facilities are provided for use in connection with the rehabilition of offenders and which—

(a)

are provided by a probation committee; or

(b)

have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.

Annotations

Textual amendments

F1

Ss. 4A, 4B inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 3

Modifications

C1

Definition in s. 4B applied (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 3; S.I. 1992/333, art. 2(2), Sch. 2

C2

S. 4B extended (temp.) by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 17 para. 16

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 Part I

Modifications

C1

Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Notes on Probation

Textual amendments

F1

S. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 8(1), 101(1), Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2