Commentary on Sections Part 12 - Sentencing Chapter 4 : Further provisions about orders under Chapters 2 and 3 Section 201: Activity requirement
525.These provisions are based on the requirements as to activities at paragraph 2 of Schedule 2 of the Powers of Criminal Courts (Sentencing) Act 2000. Subsection (1) defines an activity requirement as a requirement that the offender must either present himself to a specified person, at a specified place, for a certain number of days, and/or take part in specified activities for a certain number of days. An activity requirement may include such tasks as receiving help with employment, or group work on social problems. Reparative activities are a particular aim of this requirement. Subsection (3) also requires the court to consult before making such an order. If the offender is aged 18 or over, the court must consult an officer of a local probation board. If the offender is under 18, the court must consult either an officer of a local probation board or a member of a youth offending team. By virtue of subsection (4), the court must not impose an activity requirement on an offender before obtaining the consent of any other person whose co-operation is needed. Subsection (5) sets the maximum number of days of activity at 60. Subsection (6) sets out the duties of a person subject to an activity requirement. The offender is required to present himself at a place or places specified by his responsible officer on the number of days specified in the order, and to comply with instructions given by or under the authority of the person in charge of that place. The responsible officer will tell the offender where he needs to go and for how many hours, and that he must comply with the instructions of the person in charge of the place. Subsection (7) describes where activities must take place. If the place is a community rehabilitation centre, subsection (8) requires an offender to present himself elsewhere if the person in charge of the community rehabilitation centre instructs him to. Subsection (9) makes further provision as to the obligations of the offender when he is required to participate in activities. Subsection (10) defines the terms used in the section.