A condition requiring a prisoner not to commit an indictable offence during a supervision order under the DP(SO)A is not ultra vires s 16(2) and may be appropriate depending on the prisoner's pattern of offending. The prospect of breach of a supervision order is not necessarily conclusive against making such an order; the question is one of fact having regard to the nature of the likely breach, the circumstances, and the likelihood of timely detection. Where a prisoner is unwilling to commit to compliance, that unwillingness can itself provide a basis for rescission of the supervision order.
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