- Latest available (Revised)
- Original (As enacted)
Police, Crime, Sentencing and Courts Act 2022, Paragraph 12 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
12(1)Part 17 of Schedule 6 (electronic monitoring) is amended as follows.
(2)In the Part heading, omit “requirement”.
(3)For the italic heading before paragraph 41 substitute “Electronic compliance monitoring requirement”.
(4)In paragraph 41, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(5)In the italic heading before paragraph 42, at the end insert “: electronic compliance monitoring requirement”.
(6)In paragraph 42(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(7)In the italic heading before paragraph 43, at the end insert “: electronic compliance monitoring requirement”.
(8)In paragraph 43(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(9)In the italic heading before paragraph 43A (inserted by Part 1 of this Schedule), for “Electronic monitoring” substitute “Electronic compliance monitoring requirement”.
(10)In paragraph 43A(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(11)For the italic heading before paragraph 44 substitute “Restrictions on imposing electronic compliance monitoring requirement”.
(12)In paragraph 44—
(a)in sub-paragraph (1)(a), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”, and
(b)in sub-paragraph (2), in the opening words, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(13)After paragraph 44 insert—
45In this Code “electronic whereabouts monitoring requirement”, in relation to a youth rehabilitation order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order.
46(1)A youth rehabilitation order which imposes an electronic whereabouts monitoring requirement must include provision for making a person responsible for the monitoring.
(2)The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.
47Where a youth rehabilitation order imposes an electronic whereabouts monitoring requirement, the offender must (in particular)—
(a)submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—
(i)being fitted with, or installation of, any necessary apparatus, and
(ii)inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,
(b)not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and
(c)take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
48(1)Where—
(a)it is proposed to include an electronic whereabouts monitoring requirement in a youth rehabilitation order, but
(b)there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
the requirement may not be included in the order without that person’s consent.
(2)A court may not include an electronic whereabouts monitoring requirement in a youth rehabilitation order in respect of an offender unless—
(a)the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),
(b)the court is satisfied that—
(i)the offender can be fitted with any necessary apparatus under the arrangements currently available, and
(ii)any other necessary provision can be made under those arrangements, and
(c)the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.”
Commencement Information
I1Sch. 17 para. 12 in force at Royal Assent for specified purposes, see s. 208(4)(r)
I2Sch. 17 para. 12 in force (temp.) at 3.7.2023 until 3.1.2025 in relation to specified areas by The Police, Crime, Sentencing and Courts Act 2022 (Youth Rehabilitation Order With Intensive Supervision and Surveillance) Piloting Regulations 2023 (S.I. 2023/705), regs. 2, 3, 4(1), Sch. (with reg. 4(2))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: