Enforcement Guidelines for Unauthorised Absences and Deviation from Curfew

Introduction

This topic outlines guidelines for enforcement action for offenders on CD if an offender is:

absent during the curfew period without approval, or
late for, or departs early from, the curfew period.

Guidelines

The following tables outline the:

type of non-compliance
enforcement action options for the specified non-compliance, and
legislative reference or grounds for taking the enforcement action.

Note: All legislative references are to the Sentencing Act 2002.

Offender not present at curfew address at start of curfew period
Non-compliance type	Enforcement action options to be considered**	Legislative reference
Offender reaches curfew address no more than 30 minutes after start of curfew period, without a reasonable excuse	Verbal warning for first instance and for subsequent instances if the offender has fully complied with at least two curfew periods since the last warning was given. Consider written warning for any event where the curfew was for three hours or less (i.e. the late start significantly reduces the total time spent complying with the curfew). Written warning for subsequent instances if the offender has not fully complied with at least two curfew periods since the last warning was given.	-
Offender repeatedly fails to reach curfew address no more than 30 minutes after start of curfew period, without a reasonable excuse	Continued use of sanctions. Note: Service manager approval is required before more than three sanctions (verbal or written warnings) are to be used against the same offender.	-
	Breach (seeking conviction and discharge, fine, CW or further CD as sentencing outcome)	Section 69G(a) - failure to comply with section 69E(1)(a)(i)
	Application for cancellation and substitution (seeking more restrictive CD, HD or imprisonment as a substitute).	Section 69I(1)(a)
Offender reaches curfew address more than 30 minutes after start of curfew period, without reasonable excuse.	Written warning (first instance only). Subsequent sanctions only with service manager approval.	-
	Breach (seeking conviction and discharge, fine, CW or further CD as a sentencing outcome).	Section 69G(a) - failure to comply with section 69E(1)(a)(i)
	Application for cancellation and substitution (seeking more restrictive CD, HD or imprisonment as sentencing outcome).	Section 69I(1)(a)

**Note: CPPS staff must take account of enforcement and non-compliance principles when determining the appropriate enforcement action option to take.

Offender present at curfew address, but then leaves during curfew period without authorised absence
Non-compliance type	Enforcement action options to be considered**	Legislative reference
Offender absent for no more than 30 minutes, unless on valid emergency grounds.	Verbal warning for first instance. Written warning for second instance.	-
Offender repeatedly absent from curfew address during curfew periods, for no more than 30 minutes.	Continued use of sanctions requires service manager approval.	-
	Breach (seeking conviction and discharge, fine, CW or further CD as a sentencing outcome).	Section 69G(a) - failure to comply with section 69E(1)(a)(i)
	Application for cancellation and substitution (seeking more restrictive CD, HD or imprisonment as sentencing outcome).	Section 69I(1)(a)
Offender absent from curfew address for more than 30 minutes, unless on valid emergency grounds.	Written warning (first instance only), if offender returns to the curfew address before the end of the curfew period. Subsequent sanctions only with service manager approval.	-
	Breach (seeking conviction and discharge, fine, CW or further CD as a sentencing outcome).	Section 69G(a) - failure to comply with section 69E(1)(a)(i)
	Application for cancellation and substitution (seeking more restrictive CD, HD or imprisonment as sentencing outcome).	Section 69I(1)(a)

**Note: CPPS staff must take account of enforcement and non-compliance principles when determining the appropriate enforcement action option to take.

Offender fails to comply with authorised absence
Non-compliance type	Enforcement action options to be considered**	Legislative reference
During an authorised absence, the offender: deviates from the approved activity fails to go to, and remain at, approved address, or deviates from the approved route (e.g. stops at a friend's place on the way home).	Written warning (first instance only), if offender returns to the curfew address before the end of the curfew period. Subsequent sanctions only with service manager approval.	-
	Breach (seeking conviction and discharge, fine, CW or further CD as a sentencing outcome).	Section 69G(a) - failure to comply with section 69E(1)(a)(i)
	Application for cancellation and substitution (seeking more restrictive CD, HD or imprisonment as sentencing outcome).	Section 69I(1)(a)

**Note: CPPS staff must take account of enforcement and non-compliance principles when determining the appropriate enforcement action option to take.

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