Sentencing Act 2020

PART 7 Curfew requirement

Curfew requirement

18 (1) In this Code “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place.

(2) A youth rehabilitation 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 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

19 (1) Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified under paragraph 18(2)(b).

(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 youth rehabilitation order which imposes a curfew requirement it must also impose an electronic monitoring requirement (see Part 17 of this Schedule) unless—

(a) it is prevented from doing so by paragraph 44, or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.