SCHEDULE 6Youth rehabilitation orders: requirements
PART 17Electronic monitoring requirement
F1Restrictions on imposing electronic whereabouts monitoring requirement
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(1)
Where—
(a)
it is proposed to include an electronic whereabouts 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 electronic whereabouts monitoring requirement in a youth rehabilitation order in respect of an offender unless—
(a)
the court 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arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),
(b)
the court is satisfied that—
(i)
the offender can be fitted with any necessary apparatus under the arrangements currently available, and
(ii)
any other necessary provision can be made under those arrangements, and
(c)
the court 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.