Powers of Criminal Courts (Sentencing) Act 2000

[F1 Curfew requirements] E+W

Textual Amendments

F1 Sch. 2 para. 7 and cross-heading inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 50; S.I. 2001/2232, art. 2(d)

[F2 7 (1) Subject to the provisions of this paragraph, a community rehabilitation order may include a requirement that the offender remain, for periods specified in the requirement, at a place so specified. E+W

(2) A requirement under sub-paragraph (1) above may specify different places or different periods for different days, but shall not specify—

(a) periods which fall outside the period of six months beginning with the day on which the order is made; or

(b) periods which amount to less than two hours or more than twelve hours in any one day.

(3) A requirement under sub-paragraph (1) above shall, as far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(4) An order which includes a requirement under sub-paragraph (1) above shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the requirement; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(5) A court shall not include in a community rehabilitation order such a requirement as is mentioned in sub-paragraph (1) above unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the requirement is situated and the notice has not been withdrawn.

(6) A court shall not include in a community rehabilitation order such a requirement as is mentioned in sub-paragraph (1) above if the community sentence includes a curfew order.

(7) Before including in a community rehabilitation order such a requirement as is mentioned in sub-paragraph (1) above, the court shall obtain and consider information about the place proposed to be specified in the requirement (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).

(8) The Secretary of State may make rules for regulating—

(a) the monitoring of the whereabouts of an offender who is subject to a requirement under sub-paragraph (1) above; and

(b) without prejudice to the generality of paragraph (a) above, the functions of any person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the requirement.

(9) The Secretary of State may by order direct that sub-paragraph (3) above shall have effect with such additional restrictions as may be specified in the order.]

Textual Amendments

F2 Sch. 2 para. 7 and cross-heading inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 50; S.I. 2001/2232, art. 2(d)