Sentencing Act 2020

F1 PART 17 E+W Electronic monitoring [F1 requirement]

Textual Amendments

F1 Word in Sch. 6 Pt. 17 heading omitted (28.4.2022 for specified purposes) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(2)

Modifications etc. (not altering text)

C1 Sch. 6 Pt. 17 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

[F2 Requirement][F2 Electronic compliance monitoring requirement] E+W

Textual Amendments

F2 Sch. 6 para. 41 cross-heading substituted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(3)

41 E+W In this Code “[F3 electronic monitoring requirement] [F3 electronic compliance monitoring requirement]”, in relation to a youth rehabilitation order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a particular period (“the monitoring period”).

Textual Amendments

F3 Words in Sch. 6 para. 41 substituted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(4)

Commencement Information

I1 Sch. 6 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Person responsible for electronic monitoring [F4 : electronic compliance monitoring requirement] E+W

Textual Amendments

F4 Words in Sch. 6 para. 42 cross-heading inserted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(5)

42 (1) A youth rehabilitation order which imposes an [F5 electronic monitoring requirement][F5 electronic compliance monitoring requirement] must include provision for making a person responsible for the monitoring. E+W

(2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Textual Amendments

F5 Words in Sch. 6 para. 42(1) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(6); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I2 Sch. 6 para. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Monitoring period [F6 : electronic compliance monitoring requirement] E+W

Textual Amendments

F6 Words in Sch. 6 para. 43 cross-heading inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(7); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

43 (1) A youth rehabilitation order which imposes an [F7 electronic monitoring requirement] [F7 electronic compliance monitoring requirement] must— E+W

(a) specify the monitoring period, or

(b) provide for the responsible officer to determine the monitoring period in accordance with the order.

(2) Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the order.

(3) Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—

(a) the offender,

(b) the person responsible for the monitoring, and

(c) any person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring.

Textual Amendments

F7 Words in Sch. 6 para. 43(1) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(8); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I3 Sch. 6 para. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F8 [F9 Electronic monitoring] [F9 Electronic compliance monitoring requirement]: general E+W

Textual Amendments

F8 Sch. 6 para. 43A and cross-heading inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 1

F9 Words in Sch. 6 para. 43A cross-heading substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(9); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

43A E+W Where a youth rehabilitation order made on or after the day on which paragraph 1 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force imposes an [F10 electronic monitoring requirement] [F10 electronic compliance monitoring requirement], the offender must (in particular)—

(a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

(i) being fitted with, or installation of, any necessary apparatus, and

(ii) inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.]

Textual Amendments

F10 Words in Sch. 6 para. 43A(1) substituted (28.6.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(10); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

[F11 Restrictions on imposing electronic monitoring][F11 Restrictions on imposing electronic compliance monitoring requirement] E+W

Textual Amendments

F11 Sch. 6 para. 44 cross-heading substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(11); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

44 (1) Where— E+W

(a) it is proposed to include an [F12 electronic monitoring requirement] [F12 electronic compliance monitoring requirement] in a youth rehabilitation order, but

(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person's consent.

(2) A court may not include an [F13 electronic monitoring requirement] [F13 electronic compliance monitoring requirement] in a youth rehabilitation order unless—

(a) the court has been notified by the Secretary of State that arrangements for electronic monitoring of offenders are available—

(i) in the local justice area proposed to be specified in the order as the offender's home local justice area, and

(ii) for each requirement mentioned in the table in sub-paragraph (3) which the court proposes to include in the order, in the area in which the relevant place specified in the table for that requirement is situated,

(and the notice has not been withdrawn in relation to any of those areas), and

(b) the court is satisfied that the necessary provision can be made under the arrangements currently available.

(3) That table is—

Proposed requirement of youth rehabilitation order	Relevant place
Curfew requirement	The place which the court proposes to specify in the order for the purposes of that requirement.
Exclusion requirement	The prohibited place (within the meaning of paragraph 20) which the court proposes to specify in the order.
Attendance centre requirement	The attendance centre which the court proposes to specify in the order.

Textual Amendments

F12 Words in Sch. 6 para. 44(1)(a) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(12)(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F13 Words in Sch. 6 para. 44(2) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(12)(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Commencement Information

I4 Sch. 6 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F14 Electronic whereabouts monitoring requirement E+W

Textual Amendments

F14 Sch. 6 paras. 45-48 and cross-headings inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(13); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

45 E+W In this Code “electronic whereabouts monitoring requirement”, in relation to a youth rehabilitation order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order.

Person responsible for electronic monitoring: electronic whereabouts monitoring order E+W

46 (1) A youth rehabilitation order which imposes an electronic whereabouts monitoring requirement must include provision for making a person responsible for the monitoring. E+W

(2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Electronic whereabouts monitoring requirement: general E+W

47 E+W Where a youth rehabilitation order imposes an electronic whereabouts monitoring requirement, the offender must (in particular)—

(a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

(i) being fitted with, or installation of, any necessary apparatus, and

(ii) inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

Restrictions on imposing electronic whereabouts monitoring requirement E+W

48 (1) Where— E+W

(a) it is proposed to include an electronic whereabouts monitoring requirement in a youth rehabilitation order, but

(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person’s consent.

(2) A court may not include an electronic whereabouts monitoring requirement in a youth rehabilitation order in respect of an offender unless—

(a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),

(b) the court is satisfied that—

(i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and

(ii) any other necessary provision can be made under those arrangements, and

(c) the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.]