SCHEDULES
C4C2C5C6SCHEDULE 9Community orders and suspended sentence orders: requirements
Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 9 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
PART 14Electronic monitoring
Restriction on imposing an electronic compliance monitoring requirement
I1C134
C31
A court may not include an electronic compliance monitoring requirement in a relevant 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monitoring arrangements are available in the relevant area (see sub-paragraphs (2) to (4)) (and the notice has not been withdrawn), and
b
the court is satisfied that the necessary provision can be made under those arrangements.
C32
In the case of a relevant order containing—
a
a curfew requirement, or
b
an exclusion requirement,
the relevant area is the area in which the place proposed to be specified in the order is situated.
For this purpose, “place”, in relation to an exclusion requirement, has the same meaning as in paragraph 11.
3
In the case of a relevant order containing an attendance centre requirement, the relevant area is an area in which there is an attendance centre which is available for persons of the offender's description and which the court is satisfied is reasonably accessible to the offender.
4
In the case of any other relevant order, the relevant area is the local justice area proposed to be specified in the order.
Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)