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8.3.8 Enforcement of Electronic Tagging

Contents

  1. Introduction
  2. Procedures
  3. Practice Issues
  4. Flowchart


1. Introduction

1.1 The YOS is responsible for breaching violation of all curfews EXCEPT for stand alone Curfew Orders given on a day when the young person does not receive any other youth justice disposal.
1.2

The YOS is therefore responsible for breaching violation of curfews that are part of:

  • Supervision orders
  • Detention and Training Orders (DTO)
  • ISSPs (including DTO ISSP)
  • CROs and CPROs.
1.3 In addition to breaching violation of curfews, the YOS must notify the contractor within one working day if there is any change in the young person’s circumstances (for example, if he or she turns 18 and moves over to probation, transfers to another YOT or has a change in home circumstances).
1.4 If a curfew is given at court as a result of a breach of any order (except ISSP), it is classed as a stand-alone order. Responsibility for breaching the violation remains with the contractor and does so even if the young person goes on to receive another youth justice disposal at a later date.
1.5 In the case of violation of a bail curfew the contractor will inform both the Police and the YOS of the breach via the Notification Form, however the police are responsible for taking the matter back to court.


2. Procedures

2.1 A flowchart depicting procedures and responsibilities has been devised by the YJB and can be found at the end of this document. It shows the procedure for breaching any violation of electronically-monitored curfews except for stand alone Curfew Orders and curfews imposed as a condition of bail


3. Practice Issues

3.1

A less serious breach, as identified on the flow chart, would include

  • Curfew violation(s) total no more than 2 hours
  • Minor tampering with equipment (i.e. not removal or causing malfunction)
3.2

A serious or second breach would include

  • Young person is absent for a whole curfew period
  • Curfew violation(s) total 2 hours or more after a previous Warning Letter
  • Second minor tampering with equipment
  • Removal of any of the equipment (e.g. cutting off the tag)
  • Damage causing malfunction of any of the equipment
  • Physical assault on any of the contractor’s staff
  • A threat of violence to any of the contractor’s staff
3.3 Any decision not to breach must be defensible and should be taken only in exceptional circumstances.
3.4 These exceptional circumstances should be recorded and the decision signed off by the YOS manager responsible for Courts and Orders, on behalf of the Service Manager


4. Flowchart  

Click here to view Young Person Violates Electrically- Monitored Curfew Flowchart

End