Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(The document as of February, 2008)

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(b) it appears to the court that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland,

the power of the court to amend the order under Part IV of Schedule 3 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 2 to this Act shall have effect as if--

(a) for sub-paragraphs (i) and (ii) of paragraph 2(2)(a) there were substituted a reference to a probation officer assigned to the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force;

(b) any reference to the offender's responsible officer were a reference to the probation officer assigned as mentioned in paragraph (a) above responsible for the offender's supervision;

(c) the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the Probation Board for Northern Ireland;

(d) references in paragraph 3 to a probation centre were references to a day centre within the meaning of paragraph 3 of Schedule 1 to the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996;

(e) for paragraphs (a) and (b) of paragraph 3(2) there were substituted a reference to a probation officer assigned as mentioned in paragraph (a) above; and

(f) for paragraph 5(3)(a) there were substituted--

" (a) treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996; " .

(4) A probation order made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.

Community service orders: Scotland

3 (1) Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 46 of this Act (community service orders) shall have effect as if subsections (6), (7) and (9) to (13) were omitted and as if after subsection (5) there were inserted the following subsection--

" (5A) A court shall not make a community service order in respect of any offender unless--

(a) the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, to perform work under community service orders made under section 238 of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995; and

(b) it appears to the court that provision can be made for him to perform work under those arrangements. " ,

and, accordingly, section 47 and the reference to it in section 46(1) shall not apply.

(2) Where a community service order has been made and--

(a) a magistrates' court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland,

(b) the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 238 of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995, and

(c) it appears to the court that provision can be made for him to perform work under the community service order under those arrangements,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.

(3) A community service order made or amended in accordance with this paragraph shall--

(a) specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

(b) require the council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994 in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by sections 239 to 245 of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995.

Community service orders: Northern Ireland

4 (1) Where a court considering the making of a community service order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 46 of this Act shall have effect as if subsections (6), (7) and (9) to (13) were omitted and as if after subsection (5) there were inserted the following subsection--

" (5A) A court shall not make a community service order in respect of any offender unless it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order. " ,

and, accordingly, section 47 and the reference to it in section 46(1) shall not apply.

(2) Where a community service order has been made and--

(a) a magistrates' court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Northern Ireland, and

(b) it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.

(3) A community service order made or amended in accordance with this paragraph shall--

(a) specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and

(b) require the Probation Board for Northern Ireland to select an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the relevant officer by Part II of the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996.

Combination orders: Scotland

5 Paragraphs 1 and 3 above shall apply in relation to combination orders--

(a) in so far as those orders impose such a requirement as is mentioned in section 51(1)(a) of this Act, as if they were probation orders; and

(b) in so far as they impose such a requirement as is mentioned in section 51(1)(b) of this Act, as if they were community service orders.

Probation, community service and combination orders: general provisions

6 (1) Where a community order is made or amended in any of the circumstances specified in this Schedule, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

(2) Where a community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph--

(a) the order shall be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and

(b) the legislation relating to such orders which has effect in that part of the United Kingdom shall apply accordingly.

(3) Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language--

(a) the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;

(b) the powers of the home court under that legislation, as modified by this paragraph; and

(4) The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely--

(a) in the case of a probation order or a combination order, a power conferred by section 232(2)(b) or 233 of, or paragraph 1 of Schedule 6 to, the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995;

(b) in the case of a probation order, a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996; and

(i) a power conferred by section 239(5)(b) or 240(1)(c) or (d) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995;

(ii) a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996; or

(iii) a power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.

(5) If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales--

(a) it appears to the home court--

(i) if that court is in Scotland, on information from the local authority officer concerned, or

(ii) if it is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,

that the offender has failed to comply with any of the requirements of the legislation applicable to the order, or

(b) it appears to the home court--

(i) if that court is in Scotland, on the application of the offender or of the local authority officer concerned, or

(ii) if it is in Northern Ireland, on the application of the offender or of the probation officer concerned,

that it would be in the interests of justice for a power conferred by paragraph 10 or 11 of Schedule 3 to this Act to be exercised,

the home court may require the offender to appear before the court which made the order.

(6) Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the community order, that court--

(a) may issue a warrant for his arrest; and

(b) may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales;

and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority officer or probation officer concerned.

(7) Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community order--

(a) the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and

(b) a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

(8) In this paragraph--

"corresponding order", in relation to a combination order, means a probation order including such a requirement as is mentioned in section 229(4) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995;
"home court" means--
(a)
if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside; and
(b)
if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;
"the local authority officer concerned", in relation to an offender, means the officer of a council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994 responsible for his supervision or, as the case may be, discharging in relation to him the functions in respect of community service orders assigned by sections 239 to 245 of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995;
"the probation officer concerned", in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part II of the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996;
"the relevant time" means the time when the order or the amendment to it comes into force.

Section 61.

SCHEDULE 5 Breach, revocation and amendment of attendance centre orders

Breach of order or attendance centre rules

1 (1) Where an attendance centre order is in force and it appears on information to a justice acting for a relevant petty sessions area that the offender--

(a) has failed to attend in accordance with the order, or

(b) while attending has committed a breach of rules made under section 62(3) of this Act which cannot be adequately dealt with under those rules,

the justice may issue a summons requiring the offender to appear at the place and time specified in the summons before a magistrates' court acting for the area or, if the information is in writing and on oath, may issue a warrant for the offender's arrest requiring him to be brought before such a court.

(2) For the purposes of this paragraph a petty sessions area is a relevant petty sessions area in relation to an attendance centre order--

(a) if the attendance centre which the offender is required to attend by the order or by virtue of an order under paragraph 5(1)(b) below is situated in it; or

(b) if the order was made by a magistrates' court acting for it.

2 (1) If it is proved to the satisfaction of the magistrates' court before which an offender appears or is brought under paragraph 1 above that he has failed without reasonable excuse to attend as mentioned in sub-paragraph (1)(a) of that paragraph or has committed such a breach of rules as is mentioned in sub-paragraph (1)(b) of that paragraph, that court may deal with him in any one of the following ways--

(a) it may impose on him a fine not exceeding £1,000;

(b) where the attendance centre order was made by a magistrates' court, it may deal with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made; or

(c) where the order was made by the Crown Court, it may commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(2) Any exercise by the court of its power under sub-paragraph (1)(a) above shall be without prejudice to the continuation of the order.

(3) A fine imposed under sub-paragraph (1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

(4) Where a magistrates' court deals with an offender under sub-paragraph (1)(b) above, it shall revoke the attendance centre order if it is still in force.

(5) In dealing with an offender under sub-paragraph (1)(b) above, a magistrates' court--

(a) shall take into account the extent to which the offender has complied with the requirements of the attendance centre order; and

(b) in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 79(2) of this Act.

(6) A person sentenced under sub-paragraph (1)(b) above for an offence may appeal to the Crown Court against the sentence.

(7) A magistrates' court which deals with an offender's case under sub-paragraph (1)(c) above shall send to the Crown Court--

(a) a certificate signed by a justice of the peace giving particulars of the offender's failure to attend or, as the case may be, the breach of the rules which he has committed; and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure or the breach before the Crown Court.

3 (1) Where by virtue of paragraph 2(1)(c) above the offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court--

(a) that he has failed without reasonable excuse to attend as mentioned in paragraph 1(1)(a) above, or

(b) that he has committed such a breach of rules as is mentioned in paragraph 1(1)(b) above,

that court may deal with him, for the offence in respect of which the order was made, in any way in which it could have dealt with him for that offence if it had not made the order.

(2) Where the Crown Court deals with an offender under sub-paragraph (1) above, it shall revoke the attendance centre order if it is still in force.

(3) In dealing with an offender under sub-paragraph (1) above, the Crown Court--

(a) shall take into account the extent to which the offender has complied with the requirements of the attendance centre order; and

(b) in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 79(2) of this Act.

(4) In proceedings before the Crown Court under this paragraph any question whether there has been a failure to attend or a breach of the rules shall be determined by the court and not by the verdict of a jury.

Revocation of order with or without re-sentencing

4 (1) Where an attendance centre order is in force in respect of an offender, an appropriate court may, on an application made by the offender or by the officer in charge of the relevant attendance centre, revoke the order.

(2) In sub-paragraph (1) above "an appropriate court" means--

(a) where the court which made the order was the Crown Court and there is included in the order a direction that the power to revoke the order is reserved to that court, the Crown Court;

(b) in any other case, either of the following--

(i) a magistrates' court acting for the petty sessions area in which the relevant attendance centre is situated;

(ii) the court which made the order.

(3) Any power conferred by this paragraph--

(a) on a magistrates' court to revoke an attendance centre order made by such a court, or

(b) on the Crown Court to revoke an attendance centre order made by the Crown Court,

includes power to deal with the offender, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(4) A person sentenced by a magistrates' court under sub-paragraph (3) above for an offence may appeal to the Crown Court against the sentence.

(5) The proper officer of a court which makes an order under this paragraph revoking an attendance centre order shall--

(a) deliver a copy of the revoking order to the offender or send a copy by registered post or the recorded delivery service addressed to the offender's last or usual place of abode; and

(b) deliver or send a copy to the officer in charge of the relevant attendance centre.

(6) In this paragraph "the relevant attendance centre", in relation to an attendance centre order, means the attendance centre specified in the order or substituted for the attendance centre so specified by an order made by virtue of paragraph 5(1)(b) below.

(7) In this paragraph "proper officer" means--

(a) in relation to a magistrates' court, the justices' chief executive for the court; and

(b) in relation to the Crown Court, the appropriate officer.

Amendment of order

5 (1) Where an attendance centre order is in force in respect of an offender, an appropriate magistrates' court may, on an application made by the offender or by the officer in charge of the relevant attendance centre, by order--

(a) vary the day or hour specified in the order for the offender's first attendance at the relevant attendance centre; or

(b) substitute for the relevant attendance centre an attendance centre which the court is satisfied is reasonably accessible to the offender, having regard to his age, the means of access available to him and any other circumstances.

(2) In sub-paragraph (1) above "an appropriate magistrates' court" means--

(a) a magistrates' court acting for the petty sessions area in which the relevant attendance centre is situated; or

(b) (except where the attendance centre order was made by the Crown Court) the magistrates' court which made the order.

(3) The justices' chief executive for a court which makes an order under this paragraph shall--

(a) deliver a copy to the offender or send a copy by registered post or the recorded delivery service addressed to the offender's last or usual place of abode; and

(b) deliver or send a copy--

(i) if the order is made by virtue of sub-paragraph (1)(a) above, to the officer in charge of the relevant attendance centre; and

(ii) if it is made by virtue of sub-paragraph (1)(b) above, to the officer in charge of the attendance centre which the order as amended will require the offender to attend.

(4) In this paragraph "the relevant attendance centre" has the meaning given by paragraph 4(6) above.

Orders made on appeal

6 (1) Where an attendance centre order has been made on appeal, for the purposes of this Schedule it shall be deemed--

(a) if it was made on an appeal brought from a magistrates' court, to have been made by that magistrates' court;

(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.

(2) In relation to an attendance centre order made on appeal, paragraphs 2(1)(b) and 4(3) above shall each have effect as if the words "if the order had not been made" were omitted and paragraph 3(1) above shall have effect as if the words "if it had not made the order" were omitted.

Orders for defaulters

7 (1) References in this Schedule to an "offender" include a person who has been ordered to attend at an attendance centre for such a default or failure as is mentioned in section 60(1)(b) or (c) of this Act.

(2) Where a person has been ordered to attend at an attendance centre for such a default or failure--

(a) paragraphs 2(1)(b), 3(1) and 4(3) above shall each have effect in relation to the order as if the words ", for the offence in respect of which the order was made," and "for that offence" were omitted; and

(b) paragraphs 2(5)(b) and 3(3)(b) above (which relate to custodial sentences for offences) do not apply.

Section 63.

SCHEDULE 6 Requirements which may be included in supervision orders

Requirement to reside with named individual

1 A supervision order may require the offender to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this paragraph shall be subject to any such requirement of the order as is authorised by paragraph 2, 3, 6 or 7 below.

Requirement to comply with directions of supervisor

2 (1) Subject to sub-paragraph (2) below, a supervision order may require the offender to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things--

(a) to live at a place or places specified in the directions for a period or periods so specified;

(b) to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;

(2) A supervision order shall not require compliance with directions given by virtue of sub-paragraph (1) above unless the court making it is satisfied that a scheme under section 66 of this Act (local authority schemes) is in force for the area where the offender resides or will reside; and no such directions may involve the use of facilities which are not for the time being specified in a scheme in force under that section for that area.

(3) A requirement imposed by a supervision order in pursuance of sub-paragraph (1) above shall be subject to any such requirement of the order as is authorised by paragraph 6 below (treatment for offender's mental condition).

(4) It shall be for the supervisor to decide--

(a) whether and to what extent he exercises any power to give directions conferred on him by virtue of sub-paragraph (1) above; and

(b) the form of any directions.

(5) The total number of days in respect of which an offender may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of sub-paragraph (1) above shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this sub-paragraph.

(6) For the purpose of calculating the total number of days in respect of which such directions may be given, the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.

(7) Directions given by the supervisor by virtue of sub-paragraph (1)(b) or (c) above shall, as far as practicable, be such as to avoid--

(a) any conflict with the offender's religious beliefs or with the requirements of any other community order to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

Requirements as to activities, reparation, night restrictions etc.

3 (1) This paragraph applies to a supervision order unless the order requires the offender to comply with directions given by the supervisor under paragraph 2(1) above.

(2) Subject to the following provisions of this paragraph and paragraph 4 below, a supervision order to which this paragraph applies may require the offender--

(a) to live at a place or places specified in the order for a period or periods so specified;

(b) to present himself to a person or persons specified in the order at a place or places and on a day or days so specified;

(d) to make reparation specified in the order to a person or persons so specified or to the community at large;

(e) to remain for specified periods between 6 p.m. and 6 a.m.--

(i) at a place specified in the order; or

(ii) at one of several places so specified;

(f) to refrain from participating in activities specified in the order--

(i) on a specified day or days during the period for which the supervision order is in force; or

(ii) during the whole of that period or a specified portion of it;

and in this paragraph "make reparation" means make reparation for the offence otherwise than by the payment of compensation.

(3) The total number of days in respect of which an offender may be subject to requirements imposed by virtue of paragraph (a), (b), (c), (d) or (e) of sub-paragraph (2) above shall not exceed 90.

(4) The court may not include requirements under sub-paragraph (2) above in a supervision order unless--

(a) it has first consulted the supervisor as to--

(i) the offender's circumstances, and

(ii) the feasibility of securing compliance with the requirements,

and is satisfied, having regard to the supervisor's report, that it is feasible to secure compliance with them;

(b) having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the offender or for preventing a repetition by him of the same offence or the commission of other offences; and

(c) if the offender is aged under 16, it has obtained and considered information about his family circumstances and the likely effect of the requirements on those circumstances.

(5) The court shall not by virtue of sub-paragraph (2) above include in a supervision order--

(a) any requirement that would involve the co-operation of a person other than the supervisor and the offender, unless that other person consents to its inclusion;

(b) any requirement to make reparation to any person unless that person--

(i) is identified by the court as a victim of the offence or a person otherwise affected by it; and

(ii) consents to the inclusion of the requirement;

(d) any such requirement as is mentioned in paragraph 6(2) below (treatment for offender's mental condition).

(6) Requirements included in a supervision order by virtue of sub-paragraph (2)(b) or (c) above shall, as far as practicable, be such as to avoid--

(a) any conflict with the offender's religious beliefs or with the requirements of any other community order to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment;

and sub-paragraphs (7) and (8) below are without prejudice to this sub-paragraph.

(7) Subject to sub-paragraph (8) below, a supervision order may not by virtue of sub-paragraph (2) above include--

(a) any requirement that would involve the offender in absence from home--

(i) for more than two consecutive nights, or

(ii) for more than two nights in any one week, or

(b) if the offender is of compulsory school age, any requirement to participate in activities during normal school hours,

unless the court making the order is satisfied that the facilities whose use would be involved are for the time being specified in a scheme in force under section 66 of this Act for the area in which the offender resides or will reside.

(8) Sub-paragraph (7)(b) above does not apply to activities carried out in accordance with arrangements made or approved by the local education authority in whose area the offender resides or will reside.

(9) Expressions used in sub-paragraphs (7) and (8) above and in the [1996 c. 56.] Education Act 1996 have the same meaning in those sub-paragraphs as in that Act.

4 (1) The place, or one of the places, specified in a requirement under paragraph 3(2)(e) above ("a night restriction") shall be the place where the offender lives.

(2) A night restriction shall not require the offender to remain at a place for longer than ten hours on any one night.

(3) A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.

(4) A night restriction shall not be imposed in respect of more than 30 days in all.

(5) A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.

(6) An offender who is required by a night restriction to remain at a place may leave it if he is accompanied--

(a) by his parent or guardian;

(b) by his supervisor; or

Requirement to live for specified period in local authority accommodation

5 (1) Where the conditions mentioned in sub-paragraph (2) below are satisfied, a supervision order may impose a requirement ("a local authority residence requirement") that the offender shall live for a specified period in local authority accommodation (as defined by section 163 of this Act).

(2) The conditions are that--

(a) a supervision order has previously been made in respect of the offender;

(b) that order imposed--

(i) a requirement under paragraph 1, 2, 3 or 7 of this Schedule; or

(ii) a local authority residence requirement;

(c) the offender fails to comply with that requirement, or is convicted of an offence committed while that order was in force; and

(d) the court is satisfied that--

(i) the failure to comply with the requirement, or the behaviour which constituted the offence, was due to a significant extent to the circumstances in which the offender was living; and

(ii) the imposition of a local authority residence requirement will assist in his rehabilitation;

except that sub-paragraph (i) of paragraph (d) above does not apply where the condition in paragraph (b)(ii) above is satisfied.

(3) A local authority residence requirement shall designate the local authority who are to receive the offender, and that authority shall be the authority in whose area the offender resides.

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