Legal Aid, Sentencing and Punishment of Offenders Act 2012

94 Requirements for electronic monitoring E+W

(1) The requirements referred to in section 93(2)(a) (requirements for imposing electronic monitoring condition: non-extradition cases) are those set out in subsections (2) to (6).

(2) The first requirement is that the child has reached the age of twelve.

(3) The second requirement is that the offence mentioned in section 91(1), or one or more of those offences, is an imprisonable offence.

(4) The third requirement is that—

(a) the offence mentioned in section 91(1), or one or more of those offences, is a violent [F1 , sexual or terrorism] offence or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more, or

(b) the offence or offences mentioned in section 91(1), together with any other imprisonable offences of which the child has been convicted in any proceedings, amount or would, if the child were convicted of that offence or those offences, amount to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.

(5) The fourth requirement is that the court is satisfied that the necessary provision for electronic monitoring can be made under arrangements currently available in each local justice area which is a relevant area.

(6) The fifth requirement is that a youth offending team has informed the court that, in its opinion, the imposition of an electronic monitoring condition will be suitable in the child's case.

(7) For the purposes of this section, a local justice area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.

(8) In this Chapter—

• “electronic monitoring condition” means a condition imposed on a child remanded to local authority accommodation for the purpose of securing the electronic monitoring of the child's compliance with conditions imposed under section 93(1) or (5);

• “imprisonable offence” means—

  (a)

  an offence punishable in the case of an adult with imprisonment, or

  (b)

  in relation to an offence of which a child has been accused or convicted outside England and Wales, an offence equivalent to an offence that, in England and Wales, is punishable in the case of an adult with imprisonment;

• “sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003;

• [F2 “terrorism offence” means an offence specified in Part 3 of Schedule 15 to the Criminal Justice Act 2003;]

• “violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003;

• “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

(9) References in this Chapter to a child being subject to a custodial remand are to the child being—

(a) remanded to local authority accommodation or youth detention accommodation, or

(b) subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.

(10) The reference in subsection (9) to a child being remanded to local authority accommodation or youth detention accommodation includes—

(a) a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, and

(b) a child being remanded to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948.

Textual Amendments

F1 Words in s. 94(4)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(2)(a) (with s. 25(3)(4))

F2 Words in s. 94(8) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(2)(b) (with s. 25(3)(4))

Commencement Information

I1 S. 94 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))