Police, Crime, Sentencing and Courts Act 2022

Section 161

SCHEDULE 17E+W+N.I.Youth rehabilitation orders

PART 1E+WElectronic monitoring: general requirements

1E+WIn Part 17 of Schedule 6 to the Sentencing Code (electronic monitoring requirement) after paragraph 43 insert—

“Electronic monitoring: general

43AWhere a youth rehabilitation order made on or after the day on which paragraph 1 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force imposes an electronic monitoring requirement, the offender must (in particular)—

(a)submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

(i)being fitted with, or installation of, any necessary apparatus, and

(ii)inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b)not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c)take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.”

PART 2E+W+N.I.Electronic whereabouts monitoring requirements

Criminal Justice and Immigration Act 2008 (c. 4)E+W

2(1)Section 39 of the Criminal Justice and Immigration Act 2008 (youth default orders) is amended as follows.

(2)In subsection (4)(a), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

(3)In subsection (6)—

(a)in paragraph (a), after “198(3) to (5),” insert “198A,”,

(b)in paragraph (b), for “, 7 and 17” substitute “and 7”, and

(c)after that paragraph insert—

“(ba)Part 17 of that Schedule (electronic monitoring requirements), so far as it applies to electronic compliance monitoring requirements,”.

Sentencing CodeE+W+N.I.

3The Sentencing Code is amended as follows.

4(1)Section 174 (youth rehabilitation requirements table) is amended as follows.

(2)The existing text becomes subsection (1).

(3)In that subsection, in the table—

(a)in the entry relating to electronic monitoring requirements, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”, and

(b)after that entry insert—

(4)After that subsection insert—

“(2)See section 198A for provision about an electronic monitoring requirement imposed by a youth rehabilitation order made in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).”

5In section 175(1)(c) (meaning of youth rehabilitation order with intensive supervision and surveillance), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

6(1)Section 185 (youth rehabilitation order: availability of particular requirements) is amended as follows.

(2)In the italic heading before subsection (4), for “requirement” substitute “requirements”.

(3)In subsection (4), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

(4)After subsection (4) insert—

“(5)An electronic whereabouts monitoring requirement is not available for a youth rehabilitation order in respect of an offence unless the offender was convicted of the offence on or after the day on which paragraph 6 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).”

7In section 190 (provision of copies of youth rehabilitation order and related documents), in the table in subsection (3)—

(a)in the entry relating to an electronic monitoring requirement, in the first column, for “An electronic monitoring requirement” substitute “An electronic compliance monitoring requirement”, and

(b)after that entry insert—

8After section 198 insert—

“198AElectronic monitoring requirement previously imposed

(1)This section applies where an electronic monitoring requirement was imposed by a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).

(2)In this section “electronic monitoring requirement” has the meaning given by paragraph 41 of Schedule 6 as it had effect before the day mentioned in subsection (1).

(3)The electronic monitoring requirement is not affected by the renaming of electronic monitoring requirements as electronic compliance monitoring requirements by that Act.

(4)This Chapter applies in relation to the youth rehabilitation order as if any reference to an electronic compliance monitoring requirement were to an electronic monitoring requirement.”

9In section 395 (data from electronic monitoring: code of practice), after “electronic monitoring of offenders under” insert “—

(a)electronic compliance monitoring requirements and electronic whereabouts monitoring requirements imposed by youth rehabilitation orders, and

(b)”.

10In paragraph 19(3) of Schedule 6 (requirements where court imposes curfew requirement), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

11In paragraph 21 of Schedule 6 (requirements where court imposes exclusion requirement), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

12(1)Part 17 of Schedule 6 (electronic monitoring) is amended as follows.

(2)In the Part heading, omit “requirement”.

(3)For the italic heading before paragraph 41 substitute “Electronic compliance monitoring requirement”.

(4)In paragraph 41, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

(5)In the italic heading before paragraph 42, at the end insert “: electronic compliance monitoring requirement”.

(6)In paragraph 42(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

(7)In the italic heading before paragraph 43, at the end insert “: electronic compliance monitoring requirement”.

(8)In paragraph 43(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

(9)In the italic heading before paragraph 43A (inserted by Part 1 of this Schedule), for “Electronic monitoring” substitute “Electronic compliance monitoring requirement”.

(10)In paragraph 43A(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

(11)For the italic heading before paragraph 44 substitute “Restrictions on imposing electronic compliance monitoring requirement”.

(12)In paragraph 44—

(a)in sub-paragraph (1)(a), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”, and

(b)in sub-paragraph (2), in the opening words, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

(13)After paragraph 44 insert—

“Electronic whereabouts monitoring requirement

45In this Code “electronic whereabouts monitoring requirement”, in relation to a youth rehabilitation order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order.

Person responsible for electronic monitoring: electronic whereabouts monitoring order

46(1)A youth rehabilitation order which imposes an electronic whereabouts monitoring requirement must include provision for making a person responsible for the monitoring.

(2)The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Electronic whereabouts monitoring requirement: general

47Where a youth rehabilitation order imposes an electronic whereabouts monitoring requirement, the offender must (in particular)—

(a)submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

(i)being fitted with, or installation of, any necessary apparatus, and

(ii)inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b)not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c)take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

Restrictions on imposing electronic whereabouts monitoring requirement

48(1)Where—

(a)it is proposed to include an electronic whereabouts 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 electronic whereabouts monitoring requirement in a youth rehabilitation order in respect of an offender unless—

(a)the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),

(b)the court is satisfied that—

(i)the offender can be fitted with any necessary apparatus under the arrangements currently available, and

(ii)any other necessary provision can be made under those arrangements, and

(c)the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.”

13(1)Schedule 7 (breach, revocation or amendment of youth rehabilitation order) is amended as follows.

(2)In paragraph 1(2)(b) (interpretation), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

(3)In paragraph 27(6) (persons to whom copy of order amending or revoking youth rehabilitation order must be given)—

(a)in the entry relating to an electronic monitoring requirement, in the first column, for “An electronic monitoring requirement” substitute “An electronic compliance monitoring requirement”, and

(b)after that entry insert—

14(1)Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) is amended as follows.

(2)In paragraph 5(2) (meaning of “locally based requirement”)—

(a)in paragraph (i), for “an electronic monitoring requirement” substitute “an electronic compliance monitoring requirement”, and

(b)after that paragraph insert—

“(j)an electronic whereabouts monitoring requirement.”

(3)In paragraph 7 (further provisions where offender resides or will reside in Northern Ireland), in sub-paragraph (c)—

(a)in paragraph (vi), for “electronic monitoring” substitute “electronic compliance monitoring”;

(b)at the end insert—

“(vii)paragraph 48(2) (availability of requirements for electronic whereabouts monitoring;”.

(4)In paragraph 11(4) (persons to whom copy of youth rehabilitation order or amending order must be given)—

(a)in the entry relating to an electronic monitoring requirement, in the first column, for “An electronic monitoring requirement” substitute “An electronic compliance monitoring requirement”, and

(b)after that entry insert—

PART 3E+WIntensive supervision and surveillance

15E+WThe Sentencing Code is amended as follows.

16E+WIn section 175(1) (youth rehabilitation order with intensive supervision and surveillance)—

(a)omit the “and” at the end of paragraph (b), and

(b)at the end of paragraph (c) insert “, and

(d)in relation to an order made on or after the day on which paragraph 16 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, an electronic whereabouts monitoring requirement, unless paragraph 48 of Schedule 6 prevents such a requirement from being imposed.”

17(1)Paragraph 2 of Schedule 6 (extended activity requirement) is amended as follows.E+W

(2)In sub-paragraph (2), for “180” substitute “the relevant number”.

(3)After sub-paragraph (2) insert—

“(2A)In sub-paragraph (2) “the relevant number” means—

(a)in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 17 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, 180 days, and

(b)in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, 365 days.”

PART 4E+WCurfew requirements and education requirements

IntroductoryE+W

18The Sentencing Act 2020 is amended as follows.

Curfew requirementE+W

19(1)Paragraph 18 of Schedule 6 (curfew requirement) is amended as follows.

(2)In sub-paragraph (4)—

(a)omit the “and” at the end of paragraph (a),

(b)in paragraph (b), for “16 hours” substitute “the relevant number of hours”, and

(c)at the end insert “, and

(c)not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.”

(3)After sub-paragraph (4) insert—

“(4A)In sub-paragraph (4)(b), “the relevant number of hours”—

(a)in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 19 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, means 16 hours, and

(b)in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, means 20 hours.”

20In paragraph 9(1) of Schedule 23 (powers to amend limits in youth rehabilitation orders)—

(a)in the words before paragraph (a), for “either” substitute “any”, and

(b)in paragraph (b), for “18(4)” substitute “18(4) or (4A)”.

Education requirementE+W

21(1)Paragraph 39 of Schedule 6 (education requirement) is amended as follows.

(2)In sub-paragraph (4), for “by the time the offender ceases to be of compulsory school age” substitute “by the relevant time”.

(3)After sub-paragraph (4) insert—

“(4A)In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of—

(a)an offence of which the offender was convicted before the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, or

(b)an offender who, when the order was made, was not resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age),

means the time the offender ceases to be of compulsory school age.

(4B)In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of—

(a)an offence of which the offender was convicted on or after the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b)an offender who, when the order was made, was resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age),

means the time at which the offender ceases to be a person to whom that Part applies or, if later, ceases to be of compulsory school age.”

PART 5E+WThe responsible officer

Criminal Justice and Immigration Act 2008 (c. 4)E+W

22(1)The Criminal Justice and Immigration Act 2008 is amended as follows.

(2)In section 4(1) (meaning of “the responsible officer”), omit paragraph (a).

(3)In section 5 (responsible officer and offender: duties in relation to the other), omit subsection (2).

Sentencing CodeE+W

23(1)The Sentencing Code is amended as follows.

(2)In section 191 (the responsible officer)—

(a)in subsection (1), omit “(2),”;

(b)omit subsection (2).

(3)In section 192 (obligations of responsible officer), omit subsection (3).