(1)A court shall not impose on a child or young person a requirement under section 3(6ZAA) above (an “electronic monitoring requirement”) unless each of the following conditions is satisfied.
(2)The first condition is that the child or young person has attained the age of twelve years.
(3)The second condition is that—
(a)the child or young person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
(b)he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—
(i)amount, or
(ii)would, if he were convicted of the offences with which he is charged, amount,
to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.
(4)The third condition is that the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in each [F2local justice area] which is a relevant area; and
(b)is satisfied that the necessary provision can be made under those arrangements.
(5)The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of such a requirement will be suitable in the case of the child or young person.
(6)Where a court imposes an electronic monitoring requirement, the requirement shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(7)The Secretary of State may make rules for regulating—
(a)the electronic monitoring of compliance with requirements imposed on a child or young person as a condition of bail; and
(b)without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such requirements.
(8)Rules under this section may make different provision for different cases.
(9)Any power of the Secretary of State to make an order or rules under this section shall be exercisable by statutory instrument.
(10)A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11)In this section “local authority accommodation” has the same meaning as in the Children and Young Persons Act 1969 (c. 54).
(12)For the purposes of this section a [F3local justice area] is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.]
Textual Amendments
F1S. 3AA inserted (1.3.2002) by 2001 c. 16, s. 131(2); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)
F2Words in s. 3AA(4)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 181; S.I. 2005/910, art. 3(y)
F3Words in s. 3AA(12) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 181; S.I. 2005/910, art. 3(y)