34(1)A court may not include an electronic compliance monitoring requirement in a relevant order in respect of an offender unless—E+W
(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monitoring arrangements are available in the relevant area (see sub-paragraphs (2) to (4)) (and the notice has not been withdrawn), and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.
(2)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.
Modifications etc. (not altering text)
C1Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C2Sch. 9 para. 34(1)(2) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I1Sch. 9 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2