The Electronic Monitoring (Responsible Officers) (Amendment) Order 2005

Statutory Instruments

2005 No. 984

CRIMINAL LAW, ENGLAND AND WALES

The Electronic Monitoring (Responsible Officers) (Amendment) Order 2005

Made

24th March 2005

Coming into force

1st April 2005

The Secretary of State, in exercise of the powers conferred upon him by section 23AA(6) of the Children and Young Persons Act 1969(1), 3AA(6) of the Bail Act 1976(2), 37A(4) and (5)(b) of the Criminal Justice Act 1991(3), and sections 36B(5), 37(6), and 160(5)(a) of, and paragraph 7(4) of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000 (4) hereby makes the following Order:

1.  This Order may be cited as the Electronic Monitoring (Responsible Officers) (Amendment) Order 2005 and shall come into force on 1st April 2005.

2.—(1) The Curfew Condition (Responsible Officer) Order 1999(5) is amended as follows.

(2) In article 3, for the words after “Services Limited” to the end there is substituted the words “PO Box 45, Norwich, NR3 1BF”.

(3) In article 4, for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”.

(4) Article 5 is omitted.

(5) For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.

3.—(1) The Community Order (Electronic Monitoring of Requirements) (Responsible Officer) Order 2001(6) is amended as follows.

(2) In article 3, for the words after “Services Limited” to the end there is substituted the words “PO Box 45, Norwich, NR3 1BF”.

(3) In article 4 for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”.

(4) Article 5 is omitted.

(5) For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.

4.—(1) The Curfew Order and Curfew Requirement (Responsible Officer) Order 2001(7)is amended as follows.

(2) In article 3(a) for the words after “Services Limited” to the end there is substituted the words “PO Box 45, Norwich, NR3 1BF”.

(3) In article 3(b) for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”.

(4) Article 3(c) is omitted.

(5) For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.

5.—(1) The Bail (Electronic Monitoring of Requirements) (Responsible Officer) Order 2002(8) is amended as follows.

(2) In article 3, for the words after “Services Limited” to the end, there is substituted the words “PO Box 45, Norwich, NR3 1BF”.

(3) In article 4, for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”;

(4) Article 5 is omitted.

(5) In article 6(2) and (3) respectively, for the words “article 3 to 5” there is substituted the words “articles 3 and 4”.

(6) For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.

6.—(1) The Local Authority Remands (Electronic Monitoring of Conditions) (Responsible Officer) Order 2002(9) is amended as follows.

(2) In article 3, for the words after “Services Limited” to the end there is substituted the words “PO Box 45, Norwich, NR3 1BF”.

(3) In article 4 for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”.

(4) Article 5 is omitted.

(5) In article 6(2) and (3) respectively, for the words “articles 3 to 5” there is substituted the words “articles 3 and 4”.

(6) For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.

Scotland of Asthal Q.C.

Minister of State

Home Office

24th April 2005

Articles 2(5),3(5),4(5),5(6)&6(6)

SCHEDULE 1

The following is the Schedule that is to be the new Schedule 1 for the Orders cited in articles 2 to 6.

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

• Bedfordshire

• Cambridgeshire

• City of London Police Area

• Dyfed Powys

• Essex

• Gwent

• Hertfordshire

• Metropolitan Police District

• Norfolk

• North Wales

• South Wales

• Staffordshire

• Suffolk

• Warwickshire

• West Mercia

• West Midlands”.

Articles 2(5),3(5),4(5),5(6)&6(6)

SCHEDULE 2

The following is the Schedule that is to be the new Schedule 2 for the Orders cited in articles 2 to 6.

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

• Avon and Somerset

• Cheshire

• Cleveland

• Cumbria

• Derbyshire

• Devon and Cornwall

• Dorset

• Durham

• Gloucestershire

• Greater Manchester

• Hampshire

• Humberside

• Kent

• Lancashire

• Leicestershire

• Lincolnshire

• Merseyside

• Northamptonshire

• Northumbria

• North Yorkshire

• Nottinghamshire

• South Yorkshire

• Surrey

• Sussex

• Thames Valley

• West Yorkshire

• Wiltshire”.

Explanatory Note

(This note is not part of the Order)

This Order amends the orders identified in articles 2 to 6 of this Order, which relate to the electronic monitoring of offenders. The amendments in each case reflect the fact that one monitoring provider will cease to provide this service, and the consequential changes to the areas covered by the two remaining providers. They also take account of a change of address and a change of trading name.

(1)

1969 c. 54. Section 23AA is inserted by section 132 of the Criminal Justice and Police Act 2001 (c. 16).

(2)

1976 c. 63. Section 3AA is inserted by section 131 of the Criminal Justice and Police Act 2001.

(3)

1991 c. 53. Section 37A is inserted by section 100(1) of the Crime and Disorder Act 1998 (c. 37) and is prospectively repealed by Part 7 of Schedule 37 to the Criminal Justice Act 2003.

(4)

2000 c. 6. Sections 36B and 40A and para 7 of Schedule 2 are inserted, and section 37 is amended by sections 46, 50 and 52 of the Criminal Justice and Court Services Act 2000 (c. 43).

(5)

S.I. 1999/9, amended by S.I. 2001/3345.

(6)

S.I. 2001/2233, amended by S.I. 2001/3346.

(7)

S.I. 2001/2234, amended by S.I. 2001/3344.

(8)

S.I. 2002/844.

(9)

S.I. 2002/845.