111.Sub-paragraph (1) (of the new paragraph 7 to be inserted in Schedule 2 to the Powers of the Criminal Courts (Sentencing) Act 2000) makes provision for community rehabilitation orders to include a curfew requirement. Sub-paragraph (2) provides for a requirement that the offender remain at a particular place for between two and twelve hours a day, for a maximum period of six months. The order may specify different curfew addresses or different periods of curfew on different days.
112.Sub-paragraph (3) provides that, as with the curfew order, account must be taken of the offender’s religious beliefs, times of employment or education and of any other community orders to which the offender is subject when the terms of the curfew are decided by the court.
113.Sub-paragraph (4) states that a community rehabilitation order that includes a curfew requirement must include provision for a responsible officer who will monitor whether or not the offender complies with the curfew requirements. The responsible officer must be a person as described in an order made by the Secretary of State.
114.Sub-paragraph (5) prevents a court from including a curfew requirement in a community rehabilitation order or a community punishment and rehabilitation order, unless the Secretary of State has notified the court that the arrangements necessary for monitoring the offender’s whereabouts are currently available in the area where the curfew address is situated. This will enable these provisions to be piloted.
115.Sub-paragraph (7) requires courts to obtain and consider information about the curfew address – which must include information about the attitude of other people likely to be affected by the offender’s enforced presence there – before they impose a curfew requirement.
116.Sub-paragraph (8) permits the Secretary of State to make rules regulating the monitoring of an offender and the functions of the responsible officer.
Commentary on Sections Part III: Dealing with Offenders Chapter I: Renaming certain community orders, new community orders, breach of community order, miscellaneous. Section 50: Community sentences: curfew requirements