Sentencing Act 2020

PART 17 Electronic monitoring requirement

Requirement

41 In this Code “electronic 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”).

Person responsible for electronic monitoring

42 (1) A youth rehabilitation order which imposes an electronic monitoring requirement must include provision for making a person responsible for the monitoring.

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

Monitoring period

43 (1) A youth rehabilitation order which imposes an electronic monitoring requirement must—

(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.

Restrictions on imposing electronic monitoring

44 (1) Where—

(a) it is proposed to include an electronic 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 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(and the notice has not been withdrawn in relation to any of those areas), and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.