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Schedule 2 | |
Section 39 | |
Curfew orders and supervision orders | |
Interpretation | |
1 In this Schedule “the 2000 Act” means the Powers of Criminal Courts | |
(Sentencing) Act 2000 (c. 6). | 5 |
Curfew orders | |
2 (1) Section 37 of the 2000 Act (curfew orders) is amended as follows. | |
(2) Subsection (4) (which limits to three months the duration of a curfew order | |
made in respect of a person aged under 16 on conviction) is omitted. | |
(3) For subsection (12) there is substituted— | 10 |
“(12) In this Act, “responsible officer”, in relation to an offender subject to | |
a curfew order, means— | |
(a) where the offender is also subject to a supervision order, the | |
person who is the supervisor in relation to the supervision | |
order, and | 15 |
(b) in any other case, the person who is responsible for | |
monitoring the offender’s whereabouts during the curfew | |
periods specified in the order.” | |
Supervision orders | |
3 After section 64 of the 2000 Act there is inserted— | 20 |
“64A Supervision orders and curfew orders | |
Nothing in this Chapter prevents a court which makes a supervision | |
order in respect of an offender from also making a curfew order in | |
respect of him.” | |
4 (1) Schedule 6 to the 2000 Act (requirements which may be included in | 25 |
supervision orders) is amended as follows. | |
(2) In paragraph 2(5) (total number of days during which offender may be | |
required to comply with directions of supervisor not to exceed 90), for “90” | |
there is substituted “180”. | |
(3) In paragraph 3 (requirements as to activities, reparation, night restrictions | 30 |
etc)— | |
(a) sub-paragraph (2)(e) (night restriction) is omitted, and | |
(b) in sub-paragraph (3) (total number of days in respect of which an | |
offender may be subject to requirements imposed by virtue of any of | |
paragraphs (2)(a) to (e) not to exceed 90)— | 35 |
(i) for the words “, (d) or (e)” there is substituted “or (d)”, and | |
(ii) for “90” there is substituted “180”. | |
(4) Paragraph 4 (night restrictions) is omitted. | |
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(5) After paragraph 5 there is inserted— | |
“Requirement to live for specified period with local authority foster parent | |
5A (1) Where the conditions mentioned in sub-paragraph (2) below are | |
satisfied, a supervision order may impose a requirement (“a foster | |
parent residence requirement”) that the offender shall live for a | 5 |
specified period with a local authority foster parent. | |
(2) The conditions are that— | |
(a) the offence is punishable with imprisonment in the case of | |
an offender aged 18 or over; | |
(b) the offence, or the combination of the offence and one or | 10 |
more offences associated with it, was so serious that a | |
custodial sentence would normally be appropriate (or, | |
where the offender is aged 10 or 11, would normally be | |
appropriate if the offender were aged 12 or over); and | |
(c) the court is satisfied that— | 15 |
(i) the behaviour which constituted the offence was | |
due to a significant extent to the circumstances in | |
which the offender was living, and | |
(ii) the imposition of a foster parent residence | |
requirement will assist in his rehabilitation. | 20 |
(3) A foster parent residence requirement shall designate the local | |
authority who are to place the offender with a local authority | |
foster parent under section 23(2)(a) of the Children Act 1989, and | |
that authority shall be the authority in whose area the offender | |
resides. | 25 |
(4) A court shall not impose a foster parent residence requirement | |
unless— | |
(a) the court has been notified by the Secretary of State that | |
arrangements for implementing such a requirement are | |
available in the area of the designated authority; | 30 |
(b) the notice has not been withdrawn; and | |
(c) the court has consulted the designated authority. | |
(5) Subject to paragraph 5(2A) of Schedule 7 to this Act, the maximum | |
period which may be specified in a foster parent residence | |
requirement is twelve months. | 35 |
(6) A court shall not impose a foster parent residence requirement in | |
respect of an offender who is not legally represented at the | |
relevant time in that court unless— | |
(a) he was granted a right to representation funded by the | |
Legal Services Commission as part of the Criminal Defence | 40 |
Service for the purposes of the proceedings but the right | |
was withdrawn because of his conduct; or | |
(b) he has been informed of his right to apply for such | |
representation for the purposes of the proceedings and has | |
had opportunity to do so, but nevertheless refused or | 45 |
failed to apply. | |
(7) In sub-paragraph (6) above— | |
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(a) “the relevant time” means the time when the court is | |
considering whether or not to impose the requirement, | |
and | |
(b) “the proceedings” means— | |
(i) the whole proceedings, or | 5 |
(ii) the part of the proceedings relating to the | |
imposition of the requirement. | |
(8) A supervision order imposing a foster parent residence | |
requirement may also impose any of the requirements mentioned | |
in paragraphs 2, 3, 6 and 7 of this Schedule. | 10 |
(9) This paragraph does not affect the power of a local authority to | |
place with a local authority foster parent an offender to whom a | |
local authority residence requirement under paragraph 5 above | |
relates. | |
(10) In this paragraph “local authority foster parent” has the same | 15 |
meaning as in the Children Act 1989.” | |
Consequential amendments | |
5 In section 21 of the Children Act 1989 (c. 41) (provision of accommodation | |
for children in police protection or detention or on remand, etc.) in | |
subsection (2)(c)(ii) after “2000” there is inserted “or a foster parent residence | 20 |
requirement under paragraph 5A of that Schedule”. | |
6 (1) Schedule 7 to the 2000 Act (breach, revocation and amendment of | |
supervision orders) is amended as follows. | |
(2) In paragraph 2 (breach of requirement of supervision order)— | |
(a) in sub-paragraph (1), after “5” there is inserted “,5A”, | 25 |
(b) in sub-paragraph (2)(a)(ii) after “subject to” there is inserted “sub- | |
paragraph (2A) below and”, and | |
(c) after sub-paragraph (2) there is inserted— | |
“(2A) The court may not make a curfew order under sub- | |
paragraph (2)(a)(ii) above in respect of an offender who is | 30 |
already subject to a curfew order.” | |
(3) In paragraph 5 (revocation and amendment of supervision order)— | |
(a) after sub-paragraph (2) there is inserted— | |
“(2A) In relation to a supervision order imposing a foster parent | |
residence requirement under paragraph 5A of Schedule 6 | 35 |
to this Act, the power conferred by sub-paragraph (1)(b)(ii) | |
above includes power to extend the period specified in the | |
requirement to a period of not more than 18 months | |
beginning with the day on which the requirement first had | |
effect.”, and | 40 |
(b) sub-paragraph (3)(b) and the word “or” immediately preceding it are | |
omitted. | |
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