Police, Crime, Sentencing and Courts Act 2022

150 Increases in maximum daily curfew hours and curfew requirement period

(1) Paragraph 9 of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders: curfew requirement) is amended in accordance with subsections (2) to (5).

(2) In sub-paragraph (4)—

(a) omit the “and” at the end of paragraph (a);

(b) in paragraph (b), for “16 hours” substitute “the relevant number of hours”;

(c) at the end insert “, and

(c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.”

(3) After sub-paragraph (4) insert—

“(4A) In sub-paragraph (4) “the relevant number of hours” means—

(a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 16 hours, and

(b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, 20 hours.”

(4) In sub-paragraph (5), for the words “the period of 12 months” substitute “the relevant period”.

(5) After sub-paragraph (5) insert—

“(6) In sub-paragraph (5) “the relevant period” means—

(a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the period of 12 months, and

(b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, the period of 2 years.”

(6) In paragraph 13 of Schedule 23 to the Sentencing Act 2020 (powers to amend limits in community requirements)—

(a) in sub-paragraph (1)(b), after “9(4)” insert “or (4A)”;

(b) in sub-paragraph (2)(a), for “9(5)” substitute “9(6)”.

(7) The Criminal Justice Act 2003 is amended in accordance with subsections (8) and (9).

(8) In Schedule 19A (supervision default orders)—

(a) in paragraph 2 (application of community orders provisions to supervision default orders), in paragraph (h), for “9(1) to (4)” substitute “9(1) to (4A)”;

(b) in paragraph 3—

(i) in sub-paragraph (6), in the substituted sub-paragraph (4)(a), for “16 hours” substitute “the relevant number of hours”;

(ii) after sub-paragraph (6) insert—

“(6A) Paragraph 9(4A) of that Schedule applies as if references to an offence of which the offender was convicted before, on or after a day were references to a failure by a person to comply with a requirement that occurred before, on or after that day.”

(9) In Schedule 31 (default orders: modification of provisions relating to community orders), in paragraph 3—

(a) after sub-paragraph (1) insert—

“(1A) Any reference to an offence of which the offender was convicted before, on or after a day is to be read as a reference to a default made by a person before, on or after that day.”;

(b) in sub-paragraph (2)—

(i) for “sub-paragraph (4)” substitute “sub-paragraph (4A)”;

(ii) for “(4A)” substitute “(4B)”.