Criminal Justice Act 1991

Valid from 09/01/1995

12 Curfew orders. E+W

(1) Where a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law), the court by or before which he is convicted may make a curfew order, that is to say, an order requiring him to remain, for periods specified in the order, at a place so specified.

(2) A curfew order may specify different places or different periods for different days, but shall not specify—

(a) periods which fall outside the period of six months beginning with the day on which it is made; or

(b) periods which amount to less than 2 hours or more than 12 hours in any one day.

(3) The requirements in a curfew order shall, as far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or other educational establishment.

(4) A curfew order shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(5) Before making a curfew order, the court shall explain to the offender in ordinary language—

(a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 13 below);

(b) the consequences which may follow under Schedule 2 to this Act if he fails to comply with any of the requirements of the order; and

(c) that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,

and the court shall not make the order unless he expresses his willingness to comply with its requirements.

(6) Before making a curfew order, the court shall obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).

(7) The Secretary of State may by order direct—

(a) that subsection (2) above shall have effect with the substitution, for any period there specified, of such period as may be specified in the order; or

(b) that subsection (3) above shall have effect with such additional restrictions as may be so specified.

12 Curfew orders. E+W

(1) Where a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law), the court by or before which he is convicted may make a curfew order, that is to say, an order requiring him to remain, for periods specified in the order, at a place so specified.

(2) A curfew order may specify different places or different periods for different days, but shall not specify—

(a) periods which fall outside the period of six months beginning with the day on which it is made; or

(b) periods which amount to less than 2 hours or more than 12 hours in any one day.

(3) The requirements in a curfew order shall, as far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or other educational establishment.

(4) A curfew order shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

[F1 (4A) A court shall not make a curfew order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.]

(5) Before making a curfew order, the court shall explain to the offender in ordinary language—

(a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 13 below);

(b) the consequences which may follow under Schedule 2 to this Act if he fails to comply with any of the requirements of the order; and

(c) that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,

and the court shall not make the order unless he expresses his willingness to comply with its requirements.

(6) Before making a curfew order, the court shall obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).

(7) The Secretary of State may by order direct—

(a) that subsection (2) above shall have effect with the substitution, for any period there specified, of such period as may be specified in the order; or

(b) that subsection (3) above shall have effect with such additional restrictions as may be so specified.

Textual Amendments

F1 S. 12(4A) inserted (9.1.1995) by 1994 c. 33, s. 168(1), Sch. 9 para.41; S.I. 1994/3192, art. 2,Sch.