Part 7: Sentencing and release Chapter 1: Custodial sentences Section 151: Power for responsible officer to vary curfew requirements etc
Section 151 amends the Code by inserting a new power for a responsible officer to vary a curfew requirement made under a community order or suspended sentence order. Specifically, it makes amendments to Part 5 of Schedule 9 (community orders and suspended sentence orders: curfew requirements) and consequentially to Part 4 of Schedule 10 (amendment of community order) and Part 3 of Schedule 16 (amendment of suspended sentence order).
	Subsection (2) inserts a new paragraph 10A into Schedule 9 of the Code, introducing a new power for the responsible officer to vary a curfew requirement.
	New paragraph 10A(1)(a) to (c) set out the conditions that must be met for the power to apply: that a relevant order must include a curfew requirement, that it must be in force, and it is in respect of a conviction made on or after these provisions came into force. New paragraph 10A(1)(d) provides that the power can only be exercised where the responsible officer considers that the variation condition under new paragraph 10A(2) is met.
	New paragraph 10A(2) provides that the variation condition is satisfied if there has been a change in the offender’s circumstances since the relevant order was made which the responsible officer considers affects the offender’s ability to reasonably comply with the order, and it is appropriate to amend the curfew arrangements. The power for the responsible officer is limited at new paragraph 10A(2)(a) to varying the start time of any of the curfew periods and at new paragraph10A (2)(a) to varying the place of the curfew in relation to any of those periods.
	New paragraph 10A(3) provides a discretionary power for the responsible officer to make changes to the curfew, with the changes specified in a "variation notice". This must be with the consent of the offender. Under new paragraph 10A(3)(a) and (b) the variation notice must specify as applicable: a new start time for the curfew periods, and a new relevant place for the curfew periods.
	New paragraph 10A(4) provides that the effect of a variation notice is to change the relevant order, with effect from the date specified on the notice.
	New paragraph 10A(5) provides that a variation notice may specify different variations of the start time, or of the relevant place, for different days.
	New paragraph 10A(6) requires the responsible officer to obtain and consider information about each place proposed to be specified in the notice, before giving a variation notice, which under new paragraph 10A(7) must include information from those likely to be affected by the offender’s enforced presence.
	New paragraph 10A(8) provides limitations to the power to vary the curfew. Sub-paragraph (8)(a) prohibits a variation to the length of any of the offender’s curfew periods. New paragraph 10A(8)(b) provides that where the relevant order includes a residence requirement (under Part 7, paragraph 13) the place for the curfew periods may not be varied in a way that is inconsistent with that requirement. New paragraph 10A (8)(c) prohibits variation in the circumstances set out in sub-paragraph (9).
	New paragraph 10A(9) prohibits a variation to the curfew if the original order includes an electronic compliance monitoring requirement, and variation by the responsible officer if the responsible officer considers that the court would not impose a monitoring requirement or would have imposed a different monitoring requirement.
	New paragraph 10A(10) requires the responsible officer to give the appropriate court details of the variation (namely, under new paragraph 10A(10)(a) and (b) a copy of a variation notice and evidence of the offender’s consent to the notice) so that the court record can be updated.
	New paragraph 10A(11) defines what is meant by "appropriate court", "curfew periods", "relevant place", and "start time" for the purposes of new paragraph 10A.
	Subsection (3) inserts a new sub-paragraph (3) into paragraph 16 of Schedule 10 to the Code which relates to amendment of the court order due to changes of residence outside of the local justice area. New paragraph 16(3) provides that, where a responsible officer has varied the relevant place for the curfew, under paragraph 10A, they must notify the appropriate court, and the court must update the community order.
	Subsection (4) inserts a new paragraph 17A to Schedule 10 to the Code relating to the amendment of a community order because of the variation of a curfew requirement by the responsible officer.
	New paragraph 17A(1) requires the responsible officer to give the court a copy of the community order curfew variation notice and evidence of the offender’s consent to the variation notice. New paragraph 17A(2) provides that the court must amend the community order to reflect the changes set out in the variation notice.
	Subsection (5) amends paragraph 23 of Schedule 16 to the Code by inserting a new sub-paragraph (3). It requires the responsible officer to notify the appropriate court where a relevant order has been varied under new paragraph 17A, and the court to update the suspended sentence order.
	Subsection (6) inserts a new paragraph 24A into Schedule 16 to the Code relating to the amendment of a suspended sentence order because of the variation of a curfew requirement by the responsible officer.