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The Criminal Justice (Northern Ireland) Order 2008

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Powers to impose curfew or electronic monitoring requirements

Powers to impose curfew or electronic monitoring requirements

35.—(1) Subject to the following provisions of this Chapter, a curfew requirement or an electronic monitoring requirement may be made—

(a)a condition of bail granted by a court;

(b)a condition of a licence under—

(i)this Part;

(ii)the Life Sentences (Northern Ireland) Order 2001 (NI 2);

(iii)Article 46 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) (discharge on licence of person sentenced to be detained under Article 45(2) of that Order);

(iv)Article 26 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24);

(c)a requirement of—

(i)a probation order;

(ii)the youth conference plan to which a youth conference order relates.

(2) Article 15(5) of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) (combination order treated as probation order) applies for the purposes of this Article as it applies for the purposes of Part 2 of that Order.

(3) Article 25(2)(b) of that Order (custody probation order treated as probation order) applies for the purposes of this Article as it applies for the purposes of Part 2 of that Order.

Power of court to impose curfew or electronic monitoring requirement on making juvenile justice centre order

36.—(1) The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) is amended as follows.

(2) In Article 39 (juvenile justice centre orders) at the end add—

(8) Where a court makes a juvenile justice centre order in respect of a child, it may, subject to Chapter 5 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008, impose a curfew requirement or an electronic monitoring requirement (within the meaning of that Chapter) during all or part of the period of supervision to which the child is subject under the order.

(3) In Article 40 (supervision under a juvenile justice order) in paragraph (2) for sub-paragraph (b) substitute—

(b)the person under whose supervision he will be shall give him a notice specifying—

(i)any requirements imposed by the court under Article 39(8); and

(ii)any other requirements with which he must comply..

(4) In Article 40(3) for “or (b)” substitute “or (b)(ii)”.

(5) In Article 40(4) at the end add “, but such rules may not regulate any matter which may be regulated by rules under Article 44 of the Criminal Justice (Northern Ireland) Order 2008”.

(6) In Article 41(1) and (2) (breach of supervision requirements) after “requirements under” insert “Article 39(8) or”.

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