C5

Prospective affecting provision: section inserted by Sex Offenders (Amendment) Act 2023 (9/2023), s. 15, not commenced as of date of revision.

F34[16A. —(1) Subject to subsections (2) and (3), where the court makes or varies a sex offender order in respect of a respondent who is over the age of 18 years that prohibits him or her from going to, being in or leaving a specific place (whether at a particular time or generally), the court may, in making the order, on application in that regard by the applicant, direct that—

(a) the movements of the respondent are monitored electronically in accordance with this section so that his or her compliance or non‑compliance with such prohibition can be established,

(b) for that purpose, the respondent has an electronic monitoring device attached to his or her person, either continuously or for such periods as may be specified, and

(c) an authorised person is responsible for monitoring the respondent’s compliance or non-compliance with—

(i) the prohibition concerned, or

(ii) paragraph (b).

(2) A direction under subsection (1) shall not be given—

(a) if the respondent is to reside or remain in a particular place, without the consent of the owner of the place or of an adult person habitually residing there, or, as the case may be, of the person in charge of the place, and

(b) unless the respondent agrees to comply with the direction.

(3) A direction under subsection (1) shall continue in force until the expiration of—

(a) 6 months from the date of the notification of its making being given to the respondent,

(b) such shorter period as the court may provide for in the direction, or

(c) the sex offender order of which it forms part, whichever is the earlier.

(4) Where the court makes or varies a sex offender order to include a direction under subsection (1), the period for which the order continues in force shall not be affected by the direction ceasing to be in force.]