PART 2SENTENCING

CHAPTER 4RELEASE ON LICENCE

Licence conditions

Curfew condition to be included in licence under Article 1926

1

A licence under Article 19 shall include a curfew condition complying with this Article.

2

Where—

a

a licence under Article 19 is granted to a prisoner serving one or more determinate custodial sentences of less than 12 months and no determinate custodial sentence of 12 months or more, and

b

the court in passing sentence requires the licence to be granted subject to a condition requiring compliance with a curfew requirement,

that condition shall not be included in the licence at any time while a curfew condition required by paragraph (1) is in force.

3

For the purposes of this Chapter a curfew condition is a condition which requires the released person to remain for specified periods at a specified place; and in this Article “specified” means specified in the condition.

4

Specified periods shall not amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

5

The curfew condition is to remain in force until the date when the released person would (but for being released) fall to be released on licence under Article 17.

6

A curfew condition may (but need not) include an electronic monitoring requirement.

7

The Secretary of State may by order amend paragraph (4) by substituting for a number of hours specified there such other number of hours as may be specified in the order.