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Paragraph 44 I1C1

(1)

Where—

(a)

it is proposed to include an F1electronic monitoring requirement electronic 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 F2electronic monitoring requirement electronic 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(and the notice has not been withdrawn in relation to any of those areas), and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.

Annotations

Textual amendments

F1

Words 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))

F2

Words 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

C1

Sch. 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

I1

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

Notes on Part 17

Textual amendments

F1

Word in Sch. 6 Pt. 17 heading omitted (28.4.2022 for specified purposes) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 12(2)

Notes on Restrictions on imposing electronic monitoringRestrictions on imposing electronic compliance monitoring requirement

Textual amendments

F1

Sch. 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))