Sentencing Act 2020

PART 7 E+W Curfew requirement

Modifications etc. (not altering text)

C1 Sch. 6 Pt. 7 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)

Curfew requirement E+W

18 (1) In this Code “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place. E+W

(2) A youth rehabilitation order which imposes a curfew requirement must specify—

(a) the curfew periods, and

(b) the place at which the offender must remain for each curfew period.

(3) Different places or different curfew periods may be specified for different days.

(4) The curfew periods must amount to—

(a) not less than 2 hours in any day, F1 ...

(b) not more than [F2 the relevant number of hours] in any day [F3 , and

(c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.]

[F4 (4A) In sub-paragraph (4)(b), “the relevant number of hours”—

(a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 19 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, means 16 hours, and

(b) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, means 20 hours.]

(5) The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.

Textual Amendments

F1 Word in Sch. 6 para. 18(4)(a) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 19(2)(a)

F2 Words in Sch. 6 para. 18(4)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 19(2)(b)

F3 Sch. 6 para. 18(4)(c) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 19(2)(c)

F4 Sch. 6 para. 18(4A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 19(3)

Commencement Information

I1 Sch. 6 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements where court imposes curfew requirement E+W

19 (1) Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified under paragraph 18(2)(b). E+W

(2) That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there.

(3) Where the court makes a youth rehabilitation order which imposes a curfew requirement it must also impose an [F5 electronic monitoring requirement] [F5 electronic compliance monitoring requirement] (see Part 17 of this Schedule) unless—

(a) it is prevented from doing so by paragraph 44, or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.

Textual Amendments

F5 Words in Sch. 6 para. 19(3) substituted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 10

Commencement Information

I2 Sch. 6 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2