Paragraph 5 I1

(1)

The order must not impose a locally based requirement unless it appears to the court that—

(a)

arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b)

provision can be made for the offender to comply with the requirement under those arrangements.

(2)

For the purposes of this paragraph, “locally based requirement” means any of the following—

(a)

an activity requirement (including an extended activity requirement);

(b)

an unpaid work requirement;

(c)

a programme requirement;

(d)

an attendance centre requirement;

(e)

a mental health treatment requirement;

(f)

a drug treatment requirement;

(g)

a drug testing requirement;

(h)

an education requirement;

(i)

~~F1an electronic monitoring requirement~~ an electronic compliance monitoring requirement.

F2(j)

an electronic whereabouts monitoring requirement.

Annotations

F1: Words in Sch. 8 para. 5(2)(i) 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. 14(2)(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))
F2: Sch. 8 para. 5(2)(j) inserted (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. 14(2)(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

C1: Sch. 8 applied (with modifications) by 2008 c. 4, s. 39(6)(d), 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)