12. Restriction of Liberty Orders
Restriction of liberty orders (RLOs) are available to courts as an alternative to custody and can be imposed concurrently with a Community Payback Order (CPO) as a separate order. At the time of writing, there is no provision for a restricted movement requirement (electronic monitoring) to be imposed as a requirement of a CPO at the point of sentence: it is only available to the court as a sanction for breaching a CPO. If a need for electronic monitoring of the individual is identified by the court at the point of imposition of the CPO, a concurrent RLO will be made. All failures to comply with the requirements of the RLO will be reported to the sentencing court.
Where a concurrent CPO is imposed alongside a RLO, a copy of the RLO will be sent by the court to the local Justice Social Work (JSW) manager for information. Similarly, the court will provide the electronic monitoring company with a copy of any concurrent CPO.
If the individual fails to comply with the requirements of the CPO and a breach report is to be submitted to the court, a report of the individual's compliance with the RLO should be requested from the electronic monitoring provider at the same time. This should be submitted as part of the breach report to the court. The electronic monitoring provider will provide the RLO compliance report within 48 hours of request.
Where the individual has breached the RLO, the electronic monitoring provider will send the breach report to the court and will send a copy to the relevant JSW manager for information. In these circumstances, it is likely that the court will request a report on compliance with the terms of the CPO from JSW. However, due to the short contractual timescales for submitting breach reports, the electronic monitoring provider cannot request and include a CPO compliance report in the RLO breach report.
Where a CPO is varied to include a restricted movement requirement as a sanction for breaching the CPO, the court will provide the electronic monitoring company with a copy of the order making the variation. It is expected that the court would also send a copy of the order making the variation to the relevant JSW manager.