by Megan Harrison
Published 1994
Kogan Page
Paperback
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Blackstone's Police Manual - Evidence and Procedure: 2002 Ed
by Glenn Hutton, David Johnston
Published1999
Blackstone Press
Paperback
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The legislation requires the court to take account of the attitude of others who may be affected by the order (eg partner, family or those with whom the offender lives), the educational, employment and religious commitments of the offender, and the requirements of any other community order. Other factors - such as the defendant's accommodation - will also be relevant. This information should be available in the PSR, when one has been requested. In the absence of a PSR, the court will need to obtain the information from the defendant. In such circumstances magistrates may want to ask the defendant the following:
Does he/she have a suitable address?
The offender must have an address at which they spend the hours of their curfew Ideally this address is unchanged for the duration of the sentence. Electricity is required to run the monitoring unit in the property A property without a fixed or metered electricity supply should be considered an unsuitable address.
Changes of address can be handled by the contractors (after written authorisation from the court) subject to a suitability assessment of the new address. However, it should be remembered that unless there is already a telephone at the new address, there will be a further period of time when compliance can only be monitored using random alternative monitoring.
In cases where the offender spends time at two addresses e.g. divorced parents - this can be accommodated. However; the person should spend the same days each week at each address and is not allowed to move between addresses during a single curfew period.
Who else lives at the same address?
Electronic monitoring cannot work well in an adverse home environment. Tensions that can normally be managed in the home may become a threat due to the enforced presence of a person subject to a curfew order. Such situations must be explored prior to sentencing and an assessment made of the impact a curfew order may have on others living at the same address.
Does he/she have any employment, educational or religious commitments:
The Central Computer System at each of the Monitoring Centres is able to handle regular, predictable absences authorised by the court. Regular attendance at church services, shift work or educational classes can all be accommodated if the contractor is notified of the details on the original curfew order.
Is he/she serving another community sentence?
Do the hours of the other sentence (eg community service) affect the hours of the curfew?
Does the offender live in rented property?
If so, does the tenancy agreement allow for a telephone line to be installed?
These questions are not a substitute for proper enquiries. In courts where probation officers are not readily available to help establish the answers to such questions (assuming that such help is needed), magistrates should bear in mind that advocates may be be able to help in this regard or the information may be sought from the defendant themselves.