Part IVYouth community orders and reparation orders

F1Chapter IYouth community orders: general provisions

F1F236BElectronic monitoring of requirements in F3youth community orders.

(1)

Subject to subsections (2) F4and (3) below, a F5youth community order may include requirements for securing the electronic monitoring of the offender’s compliance with any other requirements imposed by the order.

(2)

A court shall not include in a F6youth community order a requirement under subsection (1) above unless the court—

(a)

has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant areas specified in subsections (7) to (10) below; and

(b)

is satisfied that the necessary provision can be made under those arrangements.

(3)

Where—

(a)

it is proposed to include in an exclusion order a requirement for securing electronic monitoring in accordance with this section; 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 shall not be included in the order without that person’s consent.

F7(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

An order which includes requirements under subsection (1) above shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(6)

The Secretary of State may make rules for regulating—

(a)

the electronic monitoring of compliance with requirements included in a F8youth community order; and

(b)

without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with requirements included in the order.

(7)

In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated.

In this subsection, “place”, in relation to an exclusion order, has the same meaning as in section 40A below.

F7(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

In the case of F9..., a supervision order or an action plan order, the relevant area is the F10local justice area proposed to be specified in the order.

(10)

In the case of an attendance centre order, the relevant area is the F10local justice area in which the attendance centre proposed to be specified in the order is situated.