Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 9 E+W Community orders and suspended sentence orders: requirements

Modifications etc. (not altering text)

C1 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)

C2 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)

C3 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)

C4 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 5 E+W Curfew requirement

Requirement E+W

9 (1) In this Code “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place. E+W

(2) A relevant order which imposes a curfew requirement must specify—

(a) the curfew periods, and

(b) the place at which the offender must remain for each curfew period.

(3) Different places or different curfew periods may be specified for different days.

(4) The curfew periods specified must amount to—

(a) not less than 2 hours in any day, F1 ...

(b) not more than [F2 the relevant number of hours] in any day [F3 , 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.]

[F4 (4A) In sub-paragraph (4) “the relevant number of hours” means—

(a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 16 hours, and

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

(5) The specified curfew periods must fall within [F5 the relevant period] beginning with the day on which the requirement first takes effect.

[F6 (6) In sub-paragraph (5) “the relevant period” means—

(a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the period of 12 months, and

(b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, the period of 2 years.]

Textual Amendments

F1 Word in Sch. 9 para. 9(4)(a) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(2)(a), 208(5)(q)

F2 Words in Sch. 9 para. 9(4)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(2)(b), 208(5)(q)

F3 Sch. 9 para. 9(4)(c) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(2)(c), 208(5)(q)

F4 Sch. 9 para. 9(4A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(3), 208(5)(q)

F5 Words in Sch. 9 para. 9(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(4), 208(5)(q)

F6 Sch. 9 para. 9(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(5), 208(5)(q)

Modifications etc. (not altering text)

C5 Sch. 9 paras. 1-20 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)

C6 Sch. 9 para. 9(1)-(4) 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) and as amended (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 150(8)(b))

C7 Sch. 9 para. 9(4A) applied (with modifications) (28.6.2022) by 2003 c. 44, Sch. 19A paras. 2, 3 (as amended by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 150(8), 208(5)(q))

Commencement Information

I1 Sch. 9 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2