Imposition - residence requirement

Draft guideline for consultation only. Draft guidelines should not be taken into account when sentencing.

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 accommodation Support 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 Probation 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 to 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.