Section 5Part 3 — Curfew Orders
Curfew orders
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Where a person is convicted of an offence, the court by or before which he is convicted may, subject to this Law, in addition to or instead of dealing with him in any other way, make an order requiring him to remain, for periods specified in the order, at a place so specified.
An order under subsection (1) is, in this Law, referred to as a “curfew order”.
A curfew order may be for such period as the court considers just and may specify different places or different periods for different days.
The requirements in a curfew order shall, as far as practicable, be such as to avoid —
any conflict with the convicted person’s religious beliefs or with the requirements of any other community service order to which he may be subject; and
any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
A curfew order shall include provision for making a person responsible (“the responsible officer”) for monitoring the convicted person’s whereabouts during the curfew periods specified in the order; and a person who is made so responsible shall be a probation officer or such other person designated by the court.
Before making a curfew order, the court shall obtain and consider information about the place or places proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the convicted person).
Before making a curfew order, the court shall explain to the convicted person in ordinary language —
the effect of the order including any additional requirements proposed to be included in the order in accordance with section 6;
the consequences which may follow under section 7 if he fails to comply with any of the requirements of the order; and
that the court has power under section 8 or 9 to review the order on the application either of the convicted person or of the responsible officer.
The court by which a curfew order is made shall give a copy of the order to the convicted person and to the responsible officer.
Defined Terms
curfew order
Cross References
- Section 6 of Alternative Sentencing Law
Reference to additional requirements in curfew order
- Section 7 of Alternative Sentencing Law
Reference to consequences for breach
- Section 8 of Alternative Sentencing Law
Reference to power to review order
- Section 9 of Alternative Sentencing Law
Reference to power to review order