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Section 298 Provision of copies of order and related documentsI1C1

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

(1)

This section applies on the making by a court of a suspended sentence order which imposes one or more community requirements.

(2)

The court must forthwith provide copies of the order—

(a)

to the offender,

(b)

to the responsible officer,

(c)

to an officer of a provider of probation services that is a public sector provider who is acting at the court, and

(d)

if the court does not act in the offender's home local justice area, to a provider of probation services that is a public sector provider and is operating in that area.

(3)

If the order imposes any requirement specified in column 1 of the following table the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.

The requirementThe person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.The person intended to be protected
A residence requirement relating to residence in an institution.The person in charge of the institution
A mental health treatment requirement.The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirementThe person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirementThe person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirementAny person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.
C2(4)

If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in that area with—

(a)

a copy of the order, and

(b)

such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(5)

In subsection (2) “public sector provider” means—

(a)

a probation trust or other public body, or

(b)

the Secretary of State.

Annotations

Modifications

C1

S. 298 modified by 2006 c. 52, s. 200(1)(c)(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)

C2

S. 298(4) excluded by 2006 s. 52, ss. 200, 202 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 20(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement

I1

S. 298 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)