Section 220 Conditions for imposing electronic monitoring requirement: England and WalesI1

United Kingdom Not yet in force

(1)

This section applies for the purpose of determining whether a court in England and Wales may impose an electronic monitoring requirement under section 219.

(2)

An electronic monitoring requirement may not be imposed in the respondent’s absence.

(3)

If there is a person (other than the respondent) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.

(4)

A court may impose the requirement in relation to a relevant police area only if—

(a)

the Secretary of State has given notification that electronic monitoring arrangements are available in the area, and

(b)

it is satisfied that the necessary provision can be made under the arrangements currently available.

(5)

For this purpose “relevant police area” means—

(a)

in any case, the police area in England and Wales in which it appears to the court that the respondent resides or will reside, or

(b)

in a case where it is proposed to include in the order—

(i)

a requirement that the respondent remains, for specified periods, at a specified place in England and Wales, or

(ii)

provision prohibiting the respondent from entering a specified place or area in England and Wales,

the police area in which the place or area proposed to be specified is situated.

(6)

In subsection (5) “specified” means specified in the youth diversion order.

Annotations

Commencement

I1: S. 220 not in force at Royal Assent, see s. 255(1)