The Criminal Justice (Sentencing) (Curfew Condition) Order 2008

Made: 18th October 2008

Coming into force: 20th October 2008

The Secretary of State, in exercise of the powers conferred by section 37A(4) and (5)(b) of the Criminal Justice Act 1991¹ and sections 253(5) and 330(3)(a) of the Criminal Justice Act 2003², makes the following Order.

Citation, Commencement and Interpretation

1

• (1) This Order may be cited as the Criminal Justice (Sentencing) (Curfew Condition) Order 2008 and shall come into force on 20th October 2008.

• (2) In this Order—

• “the 1991 Act” means the Criminal Justice Act 1991;

• “the 2003 Act” means the Criminal Justice Act 2003;

• “curfew condition” has the meaning given by section 37A(1) of the 1991 Act or, where appropriate, section 253(1) of the 2003 Act; and

• “police area” has the meaning given by section 1 of the Police Act 1996³.

Persons responsible for monitoring curfew conditions

2

The description of person responsible for monitoring the whereabouts of an offender subject to a curfew condition for the purposes of section 37A(4) (curfew condition to be included in licence under section 34A) of the 1991 Act or section 253(5) (curfew condition to be included in licence under section 246) of the 2003 Act—

• (a) in relation to a curfew condition imposed on an offender residing in Scotland or in a police area specified in Schedule 1 to this Order, is one employed by Serco Limited, Serco House, 16 Bartley Wood Business Park, Bartley Way, Hook, Hampshire RG27 9UY (company number 00242246) to monitor offenders; and

• (b) in relation to a curfew condition imposed on an offender residing in a police area specified in Schedule 2 to this Order, is one employed by G4S Justice Services Limited, Sutton Park House, 15 Carshalton Road, Sutton, Surrey SML 4LD (company number 00390328) to monitor offenders.

Revocation

3

The Curfew Condition (Responsible Officer) Order 1999⁴ and the Criminal Justice (Sentencing) (Curfew Condition) Order 2005⁵ are revoked.

SCHEDULE 1 — Police Areas in which the Responsible Person shall be an employee of Serco Limited

• Bedfordshire

• Cambridgeshire

• City of London Police Area

• Dyfed Powys

• Essex

• Gwent

• Hertfordshire

• Metropolitan Police District

• Norfolk

• North Wales

• South Wales

• Staffordshire

• Suffolk

• Warwickshire

• West Mercia

• West Midlands

SCHEDULE 2 — Police Areas in which the Responsible Person shall be an employee of G4S Justice Services Limited

• Avon and Somerset

• Cheshire

• Cleveland

• Cumbria

• Derbyshire

• Devon and Cornwall

• Dorset

• Durham

• Gloucestershire

• Greater Manchester

• Hampshire

• Humberside⁶

• Kent

• Lancashire

• Leicestershire

• Lincolnshire

• Merseyside

• Northamptonshire

• Northumbria

• North Yorkshire

• Nottinghamshire

• South Yorkshire

• Surrey

• Sussex

• Thames Valley

• West Yorkshire

• Wiltshire

Signed

Signed by authority of the Secretary of State

Minister of State — Ministry of Justice — 18th October 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision for the persons responsible for the electronic monitoring of offenders subject to a curfew condition imposed as a condition of their early release from prison under section 34A of the Criminal Justice Act 1991 or section 246 of the Criminal Justice Act 2003.

This Order also revokes the Curfew Condition (Responsible Officer) Order 1999 and the Criminal Justice (Sentencing) (Curfew Condition) Order 2005.

Footnotes