Paragraph 9 I1

(1)

The order, as made or amended, may not impose a locally based requirement unless it appears to the court that—

(a)

arrangements exist for persons to comply with such a requirement in—

(i)

the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii)

Northern Ireland, in the case of an NISSO, and

(b)

provision can be made for the offender to comply with the requirement under those arrangements.

(2)

For the purposes of this paragraph, “locally based requirement” means any of the following—

(a)

an unpaid work requirement;

(b)

a F1probation requirement;

(c)

a programme requirement;

(d)

a mental health treatment requirement;

(e)

a drug rehabilitation requirement;

(f)

an alcohol treatment requirement;

(g)

in relation to an NISSO, an attendance centre requirement F2, where such a requirement is available (see section 207(3));

(h)

an electronic compliance monitoring requirement F3, where such a requirement is available (see section 207(4)).

Annotations

F1: Words in Sch. 17 para. 9(2)(b) substituted (1.10.2026) by Sentencing Act 2026 (c. 2), ss. 13(7)(a), 49(1); S.I. 2026/772, reg. 3(c) (as amended by S.I. 2026/948, reg. 2)
F2: Words in Sch. 17 para. 9(2)(g) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(2)(a); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))
F3: Words in Sch. 17 para. 9(2)(h) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 10(2)(b); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

C1: Sch. 17 applied (with modifications) by 2006 c. 52, ss. 200, 204 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 22 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C1: Sch. 17 Pt. 3 modified by 2006 c. 52, s. 200(1)(e)(iii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)