Section 302: Duty to obtain permission before changing residence

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

Part 10: Custodial sentences — CHAPTER 5: Suspended sentences

The offender must not change residence without permission given in accordance with this section by—

the responsible officer, or
a court.

The obligation imposed by subsection (2) has effect as if it were a community requirement imposed by the suspended sentence order.

The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused.

A court may also give permission in any proceedings before it under Schedule 16 (breach or amendment of orders 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 suspended sentence 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 suspended sentence order has to be amended because of permission given under this section, see paragraph 23 of Schedule 16 (amendment to reflect change in local justice area).

In this section “the appropriate court” has the same meaning as in Schedule 16.

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