The Curfew Order and Curfew Requirement (Responsible Officer) Order 2001

Statutory Instruments

2001 No. 2234

CRIMINAL LAW, ENGLAND AND WALES

The Curfew Order and Curfew Requirement (Responsible Officer) Order 2001

Made

19th June 2001

Laid before Parliament

20th June 2001

Coming into force

2nd July 2001

The Secretary of State, in exercise of the powers conferred upon him by section 37(6) of and paragraph 7(4) of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000(1), hereby makes the following order:

1.  This Order may be cited as the Curfew Order and Curfew Requirement (Responsible Officer) Order 2001 and shall come into force on 2nd July 2001.

2.  In this Order—

“curfew requirement” means a requirement included in a community rehabilitation order under paragraph 791) of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000;

“officer of the local probation board” means an officer of a local probation board appointed for or assigned to the petty sessions area specified in the order;

“place of curfew” means a place specified in a curfew order or a curfew requirement as a place at which the offender is required to remain for periods for the time being specified in the curfew order or the curfew requirement, as the case may be;

“responsible officer” means the person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the curfew order or the curfew requirement, as the case may be.

3.  Where a curfew order or a community rehabilitation order containing a curfew requirement includes a requirement for securing the electronic monitoring of the offender’s compliance with that curfew order or that curfew requirement, the responsible officer shall be—

(a) in the case of a curfew order or a curfew requirement that specifies a place of curfew in an area specified in Schedule 1 to this Order, an employee of Premier Monitoring Services Limited of Berkshire Court, Western Road, Bracknell, Berkshire RG12 1RE;

(b) in the case of a curfew order or a curfew requirement that specifies a place of curfew in an area specified in Schedule 2 to this Order, an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD;

(c) in the case of a curfew order or a curfew requirement that specifies a place of curfew in an area specified in Schedule 3 to this Order, an employee of GSSC of Europe Limited of Carmelite, 50 Victoria Embankment, London EC4Y 0DX.

4.  Where a curfew order or a community rehabilitation order containing a curfew requirement does not include a requirement for securing the electronic monitoring of the offender’s compliance with that curfew order or that curfew requirement, the responsible officer shall be—

(a) in the case of an offender aged 18 or over at the time when the curfew order or curfew requirement is made, an officer of the local probation board;

(b) in the case of an offender aged under 18 at that time, an officer of the local probation board or a member of a youth offending team established by a local authority specified in the curfew order or the community rehabilitation order containing the curfew requirement.

5.  The Curfew Order (Responsible Officer) Order 1999(2) is hereby revoked.

Keith Bradley

Minister of State

Home Office

19th June 2001

Article 3(a)

SCHEDULE 1 AREAS IN WHICH THE RESPONSIBLE OFFICER SHALL BE AN EMPLOYEE OF PREMIER MONITORING SERVICES LIMITED

• Bedfordshire

• Cambridgeshire

• City of London police area

• Derbyshire

• Dyfed Powys

• Essex

• Gwent

• Hertfordshire

• Leicestershire

• Lincolnshire

• Metropolitan police district

• Norfolk

• Northamptonshire

• North Wales

• Nottinghamshire

• South Wales

• Staffordshire

• Suffolk

• Warwickshire

• West Mercia

• West Midlands

Article 3(b)

SCHEDULE 2 AREAS IN WHICH THE RESPONSIBLE OFFICER SHALL BE AN EMPLOYEE OF SECURICOR CUSTODIAL SERVICES LIMITED

• Cheshire

• Cleveland

• Cumbria

• Durham

• Greater Manchester

• Humberside

• Lancashire

• Merseyside

• Northumbria

• North Yorkshire

• South Yorkshire

• West Yorkshire

Article 3(c)

SCHEDULE 3 AREAS IN WHICH THE RESPONSIBLE OFFICER SHALL BE AN EMPLOYEE OF GSSC OF EUROPE LIMITED

• Avon and Somerset

• Devon and Cornwall

• Dorset

• Gloucestershire

• Hampshire

• Kent

• Surrey

• Sussex

• Thames Valley

• Wiltshire

Explanatory Note

(This note is not part of the Order)

This Order specifies the descriptions of persons who are to be made responsible, by a curfew order or a curfew requirement included in a community rehabilitation order in any part of England and Wales, for monitoring an offender’s whereabouts during the curfew periods. This monitoring may be carried out electronically or not, as the curfew order or the curfew requirement specifies.

(1)

2000 c. 6. Paragraph 7 of Schedule 2 was inserted by section 50 of the Criminal Justice and Court Services Act 2000 (c. 43).

(2)

S.I. 1999/3155.