Curfew Requirments

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Youth Rehabilitation Order with Curfew Requirement Section 81: Curfew Requirement For YROs made after commencement

of the LASPO Act 2012 (where the offences were also committed after commencement), Section 81 makes provision in relation to curfew requirements by increasing the maximum period in any day for which the court may impose a curfew requirement from twelve to sixteen hours and by increasing the maximum period for which a curfew can be imposed from six to twelve months from the date on which the order is made. It remains the case, that before imposing a curfew requirement, the court must obtain and consider the effect that the curfew might have on other people living at the curfew address. Compliance with the curfew requirement is normally monitored electronically by the offender wearing a tag. YOTs are encouraged to establish close working links with EM providers to ensure that information is shared appropriately. Proportionality Care should be taken when proposing YRO requirements to ensure that they are proportionate to the level of assessed risk of serious harm to others and the likelihood of reoffending, that they are achievable and that they take into account the possibility of further YROs. Longer curfews should therefore only be used for the highest risk cases When is it appropriate? A Curfew Requirement should be considered where there is a clear identified time-based pattern of offending behaviour by the young person and a curfew during that period of time would contribute to preventing further offending. Longer curfews can become part of a strategic plan to keep the use of custody to a minimum. Stand alone curfews should therefore only be used in exceptional circumstances. However, safeguarding aspects (i.e. domestic violence, mental health issues, impact on siblings) need to be identified and addressed as part of the sentence plan prior to recommending longer curfews to court. Maturity and likelihood of compliance are key considerations when recommending longer curfew hours and these may be best reserved for 16 to 18 year olds Consideration could also be given to flexible use i.e. longer curfew periods at the weekend than on week days.

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