Paragraph 3A F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 9 para. 22(5)(b) words inserted by Sentencing Act 2020 Sch. 22 para. 22(1)
Sch. 9 para. 22 amendment to earlier amending provision 2006 c. 52, s. 179(3) by Sentencing Act 2020 Sch. 26 para. 2(a)
Sch. 9 para. 22 amendment to earlier amending provision 2006 c. 52, s. 179(3) by Sentencing Act 2020 Sch. 26 para. 2(b)
Sch. 9 para. 22 amendment to earlier affecting provision 2006 c. 52, s. 203(4) by Sentencing Act 2020 Sch. 26 para. 4(a)
Sch. 9 para. 22 amendment to earlier affecting provision 2006 c. 52, s. 203(4) by Sentencing Act 2020 Sch. 26 para. 4(b)
Sch. 9 para. 9 amendment to earlier affecting provision 2003 c. 44, Sch. 31 para. 3 by Police, Crime, Sentencing and Courts Act 2022 s. 150(9)
Sch. 9 para. 34(1)(a) word substituted by Sentencing Act 2026 s. 17(8)(b)(i)
Sch. 9 para. 34(1A) inserted by Sentencing Act 2026 s. 17(8)(b)(ii)
Sch. 9 para. 8D applied (with modifications) by 2006 c. 52, s. 183 (as amended) by Sentencing Act 2026 s. 17(15)
Sch. 9 para. 2(1)(1A) substituted for Sch. 9 para. 2(1) by Sentencing Act 2026 s. 37(2)(a)
Sch. 9 para. 2(2) word substituted by Sentencing Act 2026 s. 37(2)(b)
Sch. 9 para. 2(4) word substituted by Sentencing Act 2026 s. 37(2)(c)
Sch. 9 para. 2 amendment to earlier affecting provision 2003 c. 44, Sch. 31 para. 2 by Sentencing Act 2026 s. 37(7)(a)
Sch. 9 applied (with modifications) by 2003 c. 44, Sch. 31 para. 2A (as inserted) by Sentencing Act 2026 s. 37(7)(b)
Sch. 9 para. 2 amendment to earlier affecting provision 2003 c. 44, Sch. 19A para. 2 by Sentencing Act 2026 s. 37(5)(a)s. 37(5)(b)(ii)
Sch. 9 Pt. 4D inserted by Sentencing Act 2026 s. 17(8)(a)

(1)

This paragraph applies where—

(a)

a relevant order is in force,

(b)

the order includes an unpaid work requirement,

(c)

the offender has performed the qualifying amount of work in relation to the requirement,

(d)

the responsible officer is of the view that the offender did not, during the period starting when the order was made and ending when the offender had first performed the qualifying amount of work (“the relevant period”), at any time fail without reasonable excuse to attend for work as required by the officer’s instructions, and

(e)

during the relevant period the responsible officer did not at any time ask the offender to leave a place of work on the grounds that the offender was not performing work as required by the officer’s instructions.

(2)

For the purposes of this paragraph “the qualifying amount of work”, in relation to an unpaid work requirement, is 25 per cent of the number of hours of work specified in the relevant order (including a fraction of an hour where necessary).

(3)

Where this paragraph applies, the number of hours that the offender may be required to work under the requirement is reduced by half an hour for every credit earning hour worked.

(4)

For the purposes of sub-paragraph (3), the offender works a credit earning hour where the offender performs a whole hour of work under the requirement at any time after the offender has performed the qualifying amount of work in relation to the requirement.

(5)

But if—

(a)

the responsible officer is of the view that the offender fails without reasonable excuse to attend for work as required by the officer’s instructions, or

(b)

the responsible officer asks the offender to leave a place of work on the grounds that the offender is not performing work as required by the officer’s instructions,

any work performed by the offender at any time after that failure to attend or request to leave is not to count as all or part of a credit earning hour.

(6)

Where a relevant order is amended under paragraph 10(5)(b) or 11(2)(b) of Schedule 10, or under paragraph 13(1)(d)(i) of Schedule 16, so as to require the offender to perform additional hours of unpaid work—

(a)

the requirement to perform those additional hours is to be treated, for the purposes of this paragraph, as imposed under an additional unpaid work requirement that is separate from any unpaid work requirement included in the order before its amendment, and

(b)

sub-paragraph (3) does not apply in relation to that additional unpaid work requirement.

(7)

The Secretary of State may by regulations amend this paragraph so as to—

(a)

vary the percentage for the time being specified in sub-paragraph (2);

(b)

vary the amount for the time being specified in sub-paragraph (3) as the amount by which the number of hours required to be worked is reduced for each hour worked by the offender;

(c)

omit sub-paragraph (1)(d) or (e) or (5);

(d)

provide for restrictions, conditions or exclusions in relation to the application of the paragraph or the reduction in hours required to be worked that results from its application;

(e)

vary or remove any restrictions, conditions or exclusions provided for by virtue of paragraph (d).

(8)

Regulations under sub-paragraph (7)—

(a)

may make consequential amendments (including amendments of primary legislation);

(b)

are subject to the affirmative resolution procedure.

Annotations

Textual amendments

F1: Sch. 9 para. 3A and cross-heading inserted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 37(3), 49(3)(c) (with s. 37(8))

Notes on Schedule 9

Modifications

C1: Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C2: Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C3: Sch. 9 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C4: Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)