Section 291 Suspended sentence order: availability of particular requirementsI1
England and Wales
F1Driving prohibition requirement
A driving prohibition requirement is not an available requirement if the offence was committed before the day on which section 14(6)(a) of the Sentencing Act 2026 came into force.
F2Public event attendance prohibition requirement
A public event attendance prohibition requirement is not an available requirement if the offence was committed before the day on which section 15(5) of the Sentencing Act 2026 came into force.
F3Drinking establishment entry prohibition requirement
A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(5) of the Sentencing Act 2026 came into force.
Alcohol abstinence and monitoring requirement
An alcohol abstinence and monitoring requirement is not an available requirement unless regulations are in force under paragraph 25(7)(c) of Schedule 9 (prescribed arrangements for monitoring).
An alcohol abstinence and monitoring requirement imposing a requirement within paragraph 25(1)(a)(ii) of Schedule 9 (alcohol level to be kept below specified level) is not an available requirement unless regulations are in force under paragraph 25(7)(b) of that Schedule (prescribed alcohol level).
Attendance centre requirement
An attendance centre requirement is not an available requirement unless F4—
the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
the offender was aged under 25 when convicted of the offence.
F5Drug testing requirement
A drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
Electronic compliance monitoring requirement
An electronic compliance monitoring requirement is not an available requirement in relation to a suspended sentence order unless the suspended sentence order imposes at least one other available requirement, other than—
an alcohol abstinence and monitoring requirement;
an electronic whereabouts monitoring requirement.
F6Day on which offence committed
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of this section to have been committed on the last of those days.
Annotations
Textual amendments
- F1
S. 291(A1) and heading inserted (1.10.2026) by Sentencing Act 2026 (c. 2), ss. 14(6)(a), 49(1); S.I. 2026/772, reg. 3(d) (as amended by S.I. 2026/948, reg. 2)
- F2
S. 291(B1) and heading inserted (1.10.2026) by Sentencing Act 2026 (c. 2), ss. 15(5), 49(1); S.I. 2026/772, reg. 3(f) (as amended by S.I. 2026/948, reg. 2)
- F3
S. 291(C1) and heading inserted (1.10.2026) by Sentencing Act 2026 (c. 2), ss. 16(5), 49(1); S.I. 2026/772, reg. 3(g) (as amended by S.I. 2026/948, reg. 2)
- F4
S. 291(3)(a)(b) and word substituted (28.6.2022) for words by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 152(3), 208(1); S.I. 2022/520, reg. 5(q)
- F5
S. 291(3A) and heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 15 para. 5
- F6
S. 291(5) and heading inserted (1.10.2026) by Sentencing Act 2026 (c. 2), ss. 14(6)(b), 49(1); S.I. 2026/772, reg. 3(d) (as amended by S.I. 2026/948, reg. 2)
Commencement
- I1
S. 291 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Notes on Chapter 5
Modifications
- C1
Pt. 10 Ch. 5 applied (with modifications) by 2006 s. 52, ss. 200-207, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19-26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)