PCSC Act – Key Changes that impact Electronic Monitoring and Probation

The following changes come into effect today, 28 June (2 months after the Bill received Royal Assent).

Change 1:

Increase in daily curfew and maximum length for adult community sentences (ACS)

  • An increase in maximum daily curfew from 16 hrs to 20 hrs. Weekly max remains 112 hours (ACS only)
  • An increase in maximum length of curfew from 12 months to 2 years (for ACS only)

Aim/Benefit

  • To strengthen community sentences and make curfew options more flexible

Additional information

  • EPF will be updated to reflect these changes in Pre-Sentencing Report guidance

Change 2

Probation powers to shift start/end times and the address

  • Introduction of limited powers for Probation to shift start / end times of the curfew period/s within a 24-hour period only (the total curfew hours imposed may not be changed) and the address (unless it would interfere with a residency requirement) for Adult Community Sentences.

Aims/Benefits

  • This measure will help to reduce pressure on Probation and courts by removing the requirement to return to court to vary a curfew time or address
  • It will also support effective supervision and reduce breaches

Additional Information

  • Probation will complete a Variation Notice to notify the sentencing court of the curfew changes and provide reassurance that the Person on Probation has given consent to these changes.
  • Changes to the boundary area of the address where a boundary has been stipulated are not in scope of the legislation, these will need to be returned to court.
  • If Probation refuse the request, the Person on Probation has the right to appeal the decision to the court
  • The changes also apply to non-electronically monitored curfews
  • All changes impacting Probation apply to those convicted on or after the commencement date of the relevant section of the Act (28 June 2022)

Changes that impact Senior Attendance Centres

Change 1

Removal of Senior Attendance Centres for adults from the menu requirements available to the judiciary

Benefits

  • The use of SACs has been declining since the introduction of RARs, in 2014, and provision is not universally available across the country.
  • Removing SACs will help to create more consistent national sentencing options, by meeting offender needs through other rehabilitative interventions which are available across all regions.

Additional Information

  • Your region has been given discretion as to whether to work off outstanding SAC hours under the current delivery format or whether to move to delivering the remaining SAC hours via the newly implemented Structured Interventions.