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The Criminal Justice (Sentencing) (Curfew Condition) Order 2008

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Statutory Instruments

2008 No. 2768

Criminal Law, England And Wales

The Criminal Justice (Sentencing) (Curfew Condition) Order 2008

Made

18th October 2008

Coming into force

20th October 2008

The Secretary of State, in exercise of the powers conferred by section 37A(4) and (5)(b) of the Criminal Justice Act 1991(1) and sections 253(5) and 330(3)(a) of the Criminal Justice Act 2003(2), makes the following Order.

Citation, Commencement and Interpretation

1.—(1) This Order may be cited as the Criminal Justice (Sentencing) (Curfew Condition) Order 2008 and shall come into force on 20th October 2008.

(2) In this Order—

“the 1991 Act” means the Criminal Justice Act 1991;

“the 2003 Act” means the Criminal Justice Act 2003;

“curfew condition” has the meaning given by section 37A(1) of the 1991 Act or, where appropriate, section 253(1) of the 2003 Act; and

“police area” has the meaning given by section 1 of the Police Act 1996(3).

Persons responsible for monitoring curfew conditions

2.  The description of person responsible for monitoring the whereabouts of an offender subject to a curfew condition for the purposes of section 37A(4) (curfew condition to be included in licence under section 34A) of the 1991 Act or section 253(5) (curfew condition to be included in licence under section 246) of the 2003 Act—

(a)in relation to a curfew condition imposed on an offender residing in Scotland or in a police area specified in Schedule 1 to this Order, is one employed by Serco Limited, Serco House, 16 Bartley Wood Business Park, Bartley Way, Hook, Hampshire RG27 9UY (company number 00242246) to monitor offenders; and

(b)in relation to a curfew condition imposed on an offender residing in a police area specified in Schedule 2 to this Order, is one employed by G4S Justice Services Limited, Sutton Park House, 15 Carshalton Road, Sutton, Surrey SML 4LD (company number 00390328) to monitor offenders.

Revocation

3.  The Curfew Condition (Responsible Officer) Order 1999(4) and the Criminal Justice (Sentencing) (Curfew Condition) Order 2005(5) are revoked.

Signed by authority of the Secretary of State

Minister of State

Ministry of Justice

18th October 2008

Article 2(a)

SCHEDULE 1Police Areas in which the Responsible Person shall be an employee of Serco Limited

Bedfordshire

Cambridgeshire

City of London Police Area

Dyfed Powys

Essex

Gwent

Hertfordshire

Metropolitan Police District

Norfolk

North Wales

South Wales

Staffordshire

Suffolk

Warwickshire

West Mercia

West Midlands

Article 2(b)

SCHEDULE 2Police Areas in which the Responsible Person shall be an employee of G4S Justice Services Limited

Avon and Somerset

Cheshire

Cleveland

Cumbria

Derbyshire

Devon and Cornwall

Dorset

Durham

Gloucestershire

Greater Manchester

Hampshire

Humberside(6)

Kent

Lancashire

Leicestershire

Lincolnshire

Merseyside

Northamptonshire

Northumbria

North Yorkshire

Nottinghamshire

South Yorkshire

Surrey

Sussex

Thames Valley

West Yorkshire

Wiltshire

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the persons responsible for the electronic monitoring of offenders subject to a curfew condition imposed as a condition of their early release from prison under section 34A of the Criminal Justice Act 1991 or section 246 of the Criminal Justice Act 2003.

This Order also revokes the Curfew Condition (Responsible Officer) Order 1999 and the Criminal Justice (Sentencing) (Curfew Condition) Order 2005.

(1)

1991 c.53; section 37A was inserted by section 100(1) of the Crime and Disorder Act 1998 (c.37). Section 37A was repealed by sections 303(a) and 332 of, and Part 7 of Schedule 37 to, the Criminal Justice Act 2003 (c.44), but is subject to savings provisions in paragraphs 14 and 19 of Schedule 2 to The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950).

(6)

Section 129 of the Police Act 1997 (c.50) prospectively changes the name of Humberside police area to Humber police area.

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