Source: All England Reporter
Publisher Citation: [2003] All ER (D) 130 (Feb)
Court: Administrative Court
Judge:

Newman J

Representation Mark Hardie (instructed by Brady Eastwood Pierce & Stewart) for the appellant.
  Mark Bryant-Heron (instructed by Fosters, Norwich) for the respondent.
Judgment Dates: 11 February 2003

Catchwords

Sentencing - Community order - Electronic monitoring of requirements - Written form of order silent as to electronic monitoring - Appellant removing monitoring tag - Validity of finding that appellant in breach of order - (Sentencing) Act 2000, ss 36B, 37(10), 37(11).

The Case

Since there was ample evidence that a curfew order had included a condition that the appellant be electronically monitored pursuant to s36B of the and that the terms of the order had been explained to the appellant, the district judge, notwithstanding that the written form of the curfew order, contrary to s37(11) of the 2000 Act, was silent as to electronic monitoring, had been entitled to find that the appellant had breached that order by removing the monitoring tag.

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