Member

122: After Clause 31, insert the following new Clause— “Powers of the probation service to impose and vary conditions of supervision(1) Where an offender is—(a) subject to a community order, a suspended sentence order, or a period of probation supervision, and(b) required to reside at a specified address as a condition of that order or supervision,the Probation Service may, in accordance with this section, direct that the offender reside at an alternative address.(2) A direction under subsection (1) may be given where—(a) it is necessary to protect another person (including a partner, former partner, or family member) from risk of harm, (b) it is necessary for the effective management or rehabilitation of the offender, or(c) it is otherwise in the interests of justice.(3) Where the probation service has made a direction under subsection (1), it may recommend or determine other terms of supervision, including—(a) restrictions on contact or association with specified individuals,(b) requirements relating to participation in programmes addressing offending behaviour, or(c) curfew or exclusion requirements, subject to approval by the sentencing court.(4) Where a direction or variation made under this section materially alters the conditions imposed by the sentencing court, the probation service must—(a) notify the court and the offender as soon as possible, and(b) seek approval by the sentencing court of the varied terms within 14 days, and in the absence of such approval the variation of the terms will not be effective.(5) Any direction or variation made under this section shall not have effect as if imposed by the sentencing court, until it has been approved by the court.(6) In this section, “the probation service” includes any person or body authorised to supervise offenders under the Offender Management Act 2007.”Member's explanatory statement This new clause would give the probation service the power to change the residence requirement of an individual subject to supervision in certain circumstances, and to make other changes to the terms of supervision, subject to confirmation by the sentencing court.