Community Orders

(asked on 24th April 2019) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, which individuals have the power to alter a curfew that is the subject of a community order.


Answered by
 Portrait
Rory Stewart
This question was answered on 1st May 2019

Only Courts have the power to vary a curfew that has been imposed as part of a community order.

Curfew is one of the range of community requirements which can be imposed as part of a community order, so the offender is required to be in a particular place at certain times. If the court makes a community order that includes a curfew requirement, it must also impose an electronic monitoring requirement (unless there are particular reasons for not doing so), the purpose of which is to promote and monitor compliance. A curfew can be imposed for a daily maximum of 16 hours per day and for the maximum requirement duration of 12 months.

The National Probation Service can commence enforcement proceedings for alleged violations of a curfew. If enforcement proceedings are commenced and the court finds that the offender has breached their curfew, one of the sanctions the court can apply is to make the order more onerous which could include varying the curfew by extending the daily curfew hours or the overall length of the curfew requirement.

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