Valid from 08/02/2006
[F112ABCurfew conditionE+W+S
(1)For the purposes of this Part, a curfew condition is a condition which—
(a)requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified; and
(b)may require him not to be in a place, or class of place, so specified at a time or during a period so specified.
(2)The curfew condition may specify different places, or different periods, for different days but a condition such as is mentioned in paragraph (a) of subsection (1) above may not specify periods which amount to less than nine hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
(3)Section 245C of the 1995 Act (contractual and other arrangements for, and devices which may be used for the purposes of, remote monitoring) applies in relation to the imposition of, and compliance with, a condition specified by virtue of subsection (1) above as that section applies in relation to the making of, and compliance with, a restriction of liberty order.
(4)A curfew condition is to be monitored remotely and the Scottish Ministers must designate in the licence a person who is to be responsible for the remote monitoring and must, as soon as practicable after they do so, send that person a copy of the condition together with such information as they consider requisite to the fulfilment of the responsibility.
(5)Subject to subsection (6) below, the designated person's responsibility—
(a)commences on that person's receipt of the copy so sent;
(b)is suspended during any period in which the curfew condition is suspended; and
(c)ends when the licence is revoked or otherwise ceases to be in force.
(6)The Scottish Ministers may from time to time designate a person who, in place of the person designated under subsection (4) above (or last designated under this subsection), is to be responsible for the remote monitoring; and on the Scottish Ministers amending the licence in respect of the new designation, that subsection and subsection (5) above apply in relation to the person designated under this subsection as they apply in relation to the person replaced.
(7)If a designation under subsection (6) above is made, the Scottish Ministers must, in so far as it is practicable to do so, notify the person replaced accordingly.]
Textual Amendments
F1Ss. 12AA, 12AB inserted after s. 12 (8.2.2006 for specified purposes, 3.7.2006 for further specified purposes, 11.2.2008 for further specified purposes, otherwise 21.3.2008) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(10), 24(2); S.S.I. 2006/48, art. 3(1)(3), Sch. Pt. 1; S.S.I. 2006/331, art. 3(4)(5); S.S.I. 2008/21, art. 2(1)(b)(2)