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Section 216: Duty of offender to obtain permission before changing residence

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 9: Community sentences — CHAPTER 2: Community orders

This section applies where a community order—

is in force, and
does not include a residence requirement imposed under paragraph 13 of Schedule 9.

The offender must not change residence except with permission given in accordance with this section by—

the responsible officer, or
a court.

This obligation has effect as if it were a community order requirement of the community order.

A court may also give permission in any proceedings before it under Schedule 10 (breach or amendment of order etc).

The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—

is likely to prevent the offender complying with a requirement imposed by the community order, or
would hinder the offender's rehabilitation.

The responsible officer must refuse an application for permission if—

the offender's present residence is in England or Wales, and
the offender's proposed residence is outside England and Wales.

For cases in which a community order has to be amended because of permission given under this section, see paragraph 16 of Schedule 10 (amendment to reflect change in local justice area).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.