A residence requirement provides that the offender must reside at a particular place (i.e. a private address or HMPPS provided temporary accommodation, including an approved premises or bail or community accommodation services) for a specified period.
Volume/length range: Duration set by the court, up to the length of the order. The maximum placement length of an approved premises is 12 weeks.
The court must consider the home surroundings of the offender before imposing this requirement.
The court is encouraged to engage with the Probation Service to understand what type of HMPPS provided temporary accommodation is available in their region to support these orders.
Where a residence requirement provides that the offender reside at a private address, there is no requirement that the offender be at the address at a specific time. A curfew requirement would be necessary for this. However, where a residence requirement is for an approved premises (AP), an offender is bound by the rules of the AP, which may include an overnight curfew and drug and/or alcohol testing.
The court must ensure safeguarding and domestic abuse enquiries are carried out on a private address being used for a residence requirement to ensure the accommodation is suitable, others will not be put at risk and the homeowner agrees to the curfew, particularly where vulnerable adults and children are involved. Ordinarily this is a function performed by the Probation Service.