296JAdditional conditions imposing curfew with or without electronic monitoring of compliance

1. On or after making an order under section 296G, the court may impose, and make the order also subject to, a condition (a curfew condition) that the young person must, for a duration no longer than the duration of the order (the curfew duration), comply with a curfew requiring the young person to remain, for 1 or more specified periods of each day (the daily curfew period), at a specified address (the curfew address).

2. On imposing, and making an order under section 296G also subject to, a curfew condition, the court must specify in that condition the curfew duration, the daily curfew period, and the curfew address.

3. Every daily curfew period specified under subsection (2) must not be for a period of less than 2 hours, and the daily curfew periods for any week must not be more than 84 hours.

4. The young person is not in custody during the daily curfew period; but—

5. during the daily curfew period, the young person must not, at any time, leave the curfew address except in the circumstances set out in subsection (5):
6. during the curfew duration, the young person must co-operate with the chief executive, and must comply with any lawful direction (for example, one for the purpose of implementing an electronic monitoring condition under subsection (6)) given by the chief executive for the purpose of implementing the relevant curfew condition:
7. the young person must, when required to do so by the chief executive and for the purpose of implementing an electronic monitoring condition under subsection (6), submit to the electronic monitoring of compliance with the relevant curfew condition, which may require the young person to be connected to electronic monitoring equipment throughout the period of the order under section 296G and not just throughout the curfew duration.

8. A young person may leave the curfew address during the daily curfew period only—

9. to seek urgent medical or dental treatment; or
10. to avoid or minimise a serious risk of death or injury to the young person or any other person; or
11. with the approval of the chief executive,—
    1. to seek or engage in employment; or
    2. to attend educational, training, or other rehabilitative or reintegrative activities or programmes; or
    3. to attend a family group conference or other process relating to the young person's offending; or
    4. to carry out any undertaking, or implement a decision, recommendation, or plan, arising from a family group conference or other process relating to the young person's offending; or
12. with the approval of the chief executive and subject to any conditions imposed by the chief executive, on humanitarian grounds.

13. On or after imposing, and making an order under section 296G also subject to, a curfew condition, the court may, if satisfied that other conditions of the order are likely to be insufficient to secure the young person's compliance with the order, make the order also subject to a condition that the young person must for a specified period not exceeding 6 months submit to electronic monitoring of the young person’s compliance with the curfew condition.

14. A Judge exercising the jurisdiction of the court to impose an electronic monitoring condition under subsection (6) must when imposing the condition record in writing the Judge’s reasons for doing so.