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Sentencing Act 2020
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Sentencing Act 2020, Paragraph 35 is up to date with all changes known to be in force on or before 22 November 2024. 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.
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35E+WA court may not include an electronic whereabouts monitoring requirement in a relevant 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arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),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.
Modifications etc. (not altering text)
C1Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I1Sch. 9 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
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