218Availability of arrangements in local areaE+W
(1)A court may not include an unpaid work requirement in a relevant order unless the court is satisfied that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the [F1local justice area] in which he resides or will reside.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A court may not include an attendance centre requirement in a relevant order in respect of an offender unless the court has been notified by the Secretary of State that an attendance centre is available for persons of his description.
(4)A court may not include an electronic monitoring requirement [F3within section 215(1)(a)] in a relevant order in respect of an offender unless the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in [F4the relevant area (see subsections (5) to (7))], and
(b)is satisfied that the necessary provision can be made under [F5those arrangements] [F5the arrangements currently available] .
(5)In the case of a relevant order containing a curfew requirement or an exclusion requirement, the relevant area for the purposes of subsection (4) is the area in which the place proposed to be specified in the order is situated.
(6)In the case of a relevant order containing an attendance centre requirement, the relevant area for the purposes of subsection (4) is [F6an area in which there is an attendance centre which is available for persons of the offender's description and which the court is satisfied is reasonably accessible to the offender].
(7)In the case of any other relevant order, the relevant area for the purposes of subsection (4) is the [F1local justice area] proposed to be specified in the order.
(8)In subsection (5) “place”, in relation to an exclusion requirement, has the same meaning as in section 205.
[F7(9)A court may not include an electronic monitoring requirement within section 215(1)(b) in a relevant order in respect of an offender unless the court—
(a)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,
(b)is satisfied that the offender can be fitted with any necessary apparatus under the arrangements currently available and that any other necessary provision can be made under those arrangements, and
(c)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.]
Textual Amendments
F1Words in s. 218(1)(2)(7) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 104
F2S. 218(2) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 4 (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F3Words in s. 218(4) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 18(2)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)
F4Words in s. 218(4)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 17(7), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(o)
F5Words in s. 218(4)(b) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 18(2)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)
F6Words in s. 218(6) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 17(8), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(o)
F7S. 218(9) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 18(3); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)
Modifications etc. (not altering text)
C1S. 218 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I1S. 218 wholly in force at 4.4.2005; s. 218 not in force at Royal Assent, see s. 336(3); s. 218 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 218 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 16 (subject to art. 2(2), Sch. 2)