Curfew orders and supervision orders
1 In this Schedule “the 2000 Act” means the Powers of Criminal Courts
(Sentencing) Act 2000 (c. 6).
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—
“(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
(b) in any other case, the person who is responsible for
monitoring the offender’s whereabouts during the curfew
periods specified in the order.”
3 After section 64 of the 2000 Act there is inserted—
“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
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
(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)—
(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.
(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
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
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—
(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.
(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
(4) A court shall not impose a foster parent residence requirement
(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;
(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.
(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
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
failed to apply.
(7) In sub-paragraph (6) above—
(a) “the relevant time” means the time when the court is
considering whether or not to impose the requirement,
(b) “the proceedings” means—
(i) the whole proceedings, or
(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.
(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
(10) In this paragraph “local authority foster parent” has the same
meaning as in the Children Act 1989.”
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
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”,
(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
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
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
(b) sub-paragraph (3)(b) and the word “or” immediately preceding it are