SCHEDULE 9Community orders and suspended sentence orders: requirements
PART 5Curfew requirement
Requirement
9
(1)
In this Code “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place.
(2)
A relevant order which imposes a curfew requirement must specify—
(a)
the curfew periods, and
(b)
the place at which the offender must remain for each curfew period.
(3)
Different places or different curfew periods may be specified for different days.
(4)
The curfew periods specified must amount to—
(a)
not less than 2 hours in any day, and
(b)
not more than 16 hours in any day.
(5)
The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.
Requirements where court imposes curfew requirement
10
(1)
Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified in the order.
(2)
That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there.
(3)
Where the court makes a relevant order imposing a curfew requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—
(a)
it is prevented from doing so by—
(i)
paragraph 33 (consent of person whose co-operation is required), or
(ii)
paragraph 34(1) (arrangements in relevant area), or
(b)
in the particular circumstances of the case, it considers it inappropriate to do so.