The Criminal Justice (Sentencing) (Licence Conditions) Order 2015

• Citation: S.I. 2015/337
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Criminal Justice (Sentencing) (Licence Conditions) Order 2015 and comes into force on 23rd March 2015.

(2) In this Order–

“the Act” means the Criminal Justice Act 2003;

“offender” means a fixed-term prisoner who has been released on licence in accordance with Chapter 6 of Part 12 of the Act;

“ terrorist offender ” has the same meaning as in section 43B(4)(a) of the Terrorism Act 2000.

Section 2 Revocation

The Criminal Justice (Sentencing) (Licence Conditions) Order 2005 is revoked.

Section 3 Standard conditions

(1) The conditions in paragraph (2) are the standard conditions that must be included in an offender’s licence in accordance with section 250(4)(a) of the Act, whether or not any standard conditions in articles 4 to 6 are also included.

(2) An offender must–

(a) be of good behaviour and not behave in a way which undermines the purpose of the licence period;

(b) not commit any offence;

(c) keep in touch with the supervising officer in accordance with instructions given by the supervising officer;

(d) receive visits from the supervising officer in accordance with instructions given by the supervising officer;

(e) reside permanently at an address approved by the supervising officer and obtain the prior permission of the supervising officer for any stay of one or more nights at a different address;

(f) not undertake work, or a particular type of work, unless it is approved by the supervising officer and notify the supervising officer in advance of any proposal to undertake work or a particular type of work;

(g) not travel outside the United Kingdom, the Channel Islands or the Isle of Man except with the prior permission of your supervising officer or for the purposes of immigration deportation or removal;

(h) tell the supervising officer if they use a name which is different to the name or names which appear on their licence;

(i) tell the supervising officer if they change or add any contact details, including any phone number or email.

Section 4 Standard conditions: electronic monitoring

(1) The conditions in paragraph (2) are the standard conditions that must be included in an offender’s licence in accordance with section 250(4)(a) of the Act where the offender is subject to an electronic monitoring condition under sections 62 and 62A of the Criminal Justice and Court Services Act 2000.

(2) While subject to electronic monitoring an offender must–

(a) allow an electronic device to be fitted to their person;

(b) allow the installation of any equipment associated with electronic monitoring;

(c) not damage or tamper with the electronic device or equipment associated with electronic monitoring;

(d) if required, ensure at all times that the electronic device is sufficiently charged;

(e) immediately report to any person nominated by the supervising officer if the electronic device or equipment associated with electronic monitoring is not working correctly;

(f) allow any person nominated by the supervising officer to check whether the electronic device or equipment associated with electronic monitoring is working correctly.

Section 5 Standard conditions: drug testing

(1) The conditions in paragraph (2) are the standard conditions that must be included in an offender’s licence in accordance with section 250(4)(a) of the Act where the offender is subject to a drug testing requirement under section 64 of the Criminal Justice and Court Services Act 2000 .

(2) While subject to a drug testing requirement an offender must–

(a) attend a place notified to the offender by the supervising officer, and comply with the required form of testing;

(b) not frustrate the drug testing process.

Section 6 Standard conditions: polygraph testing

(1) The conditions in paragraph (2) are the standard conditions that must be included in an offender’s licence in accordance with section 250(4)(a) of the Act where the offender is subject to a polygraph condition under section 28 of the Offender Management Act 2007 .

(2) While subject to a polygraph condition an offender must–

(a) attend a polygraph testing session and examination as instructed by the supervising officer, and comply with the process;

(b) comply with any instruction given during a polygraph session by the person conducting the polygraph;

(c) not frustrate the polygraph testing process.

Section 7 Other types of licence conditions

(1) The conditions in paragraph (2) and (2A) are the kinds of condition that may be included in an offender’s licence in accordance with section 250(4)(b)(ii) of the Act.

(2) A condition concerning–

(a) residence at a specified place;

(b) restriction of residency;

(c) making or maintaining contact with a person;

(d) participation in, or co-operation with, a programme or set of activities;

(e) possession, ownership, control or inspection of specified items or documents;

(f) disclosure of information;

(g) a curfew arrangement;

(h) freedom of movement;

(i) supervision in the community by the supervising officer, or other responsible officer, or organisation;

(j) restriction of specified conduct or specified acts.

(2A) A search condition, meaning a condition requiring a terrorist offender to submit to a search of their person under section 43C of the Terrorism Act 2000.

(3) For the purpose of this article, “curfew arrangement” means an arrangement under which an offender is required to remain at a specified place for a specified period of time which is not an arrangement contained in a curfew condition imposed by virtue of section 250(5) of the Act.