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Sentencing Act 2020

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Changes over time for: Cross Heading: Restrictions on imposing electronic monitoringRestrictions on imposing electronic compliance monitoring requirement

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Changes to legislation:

Sentencing Act 2020, Cross Heading: Restrictions on imposing electronic monitoringRestrictions on imposing electronic compliance monitoring requirement is up to date with all changes known to be in force on or before 30 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 6 Part 17 Crossheading Restrictions-on-imposing-electronic-monitoring:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Restrictions on imposing electronic monitoring][F1Restrictions on imposing electronic compliance monitoring requirement]E+W

Textual Amendments

F1Sch. 6 para. 44 cross-heading substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(11); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

44(1)Where—E+W

(a)it is proposed to include an [F2electronic monitoring requirement] [F2electronic compliance monitoring requirement] in a youth rehabilitation order, 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 may not be included in the order without that person's consent.

(2)A court may not include an [F3electronic monitoring requirement] [F3electronic compliance monitoring requirement] in a youth rehabilitation order unless—

(a)the court has been notified by the Secretary of State that arrangements for electronic monitoring of offenders are available—

(i)in the local justice area proposed to be specified in the order as the offender's home local justice area, and

(ii)for each requirement mentioned in the table in sub-paragraph (3) which the court proposes to include in the order, in the area in which the relevant place specified in the table for that requirement is situated,

(and the notice has not been withdrawn in relation to any of those areas), and

(b)the court is satisfied that the necessary provision can be made under the arrangements currently available.

(3)That table is—

Proposed requirement of youth rehabilitation orderRelevant place
Curfew requirementThe place which the court proposes to specify in the order for the purposes of that requirement.
Exclusion requirementThe prohibited place (within the meaning of paragraph 20) which the court proposes to specify in the order.
Attendance centre requirementThe attendance centre which the court proposes to specify in the order.

Textual Amendments

F2Words in Sch. 6 para. 44(1)(a) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(12)(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

F3Words in Sch. 6 para. 44(2) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(12)(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Modifications etc. (not altering text)

C1Sch. 6 Pt. 17 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1Sch. 6 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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