The Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024
Introduction:
On December 16, 2024, the UK government enacted The Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024. This new legislation introduces significant changes to the existing home detention curfew system and the sentencing guidelines for certain crimes.
Home Detention Curfew Changes:
The order amends the Home Detention Curfew (HDC) scheme, which allows offenders to serve the final part of their sentence under curfew in their home rather than in prison. The key changes include:
- Removal of Electronic Monitoring: Offenders on HDC will no longer be subject to electronic monitoring. Instead, they will be required to comply with a curfew imposed by the court.
- Increased Curfew Period: The maximum curfew period has been increased from 12 hours to 16 hours per day. Offenders may leave their homes during non-curfew hours but must return at the specified time.
- Enhanced Supervision: Offenders on HDC will receive enhanced supervision and support from probation services. This includes regular home visits, drug testing, and access to rehabilitation programs.
Sentencing Guidelines Amendments:
The order also amends the sentencing guidelines for certain crimes, including:
- Murder: The minimum term of imprisonment for murder has been increased from 25 years to 30 years. This applies to cases where the offender is convicted of murdering more than one person or where the victim is a child under 18.
- Manslaughter: The maximum term of imprisonment for voluntary manslaughter has been increased from 14 years to 16 years.
- Rape: The minimum term of imprisonment for rape has been increased from 5 years to 7 years.
- Grievous Bodily Harm with Intent: The maximum term of imprisonment for grievous bodily harm with intent has been increased from 10 years to 12 years.
Rationale and Implications:
The government’s stated rationale for these changes is to enhance public safety and improve the effectiveness of the criminal justice system. The removal of electronic monitoring on HDCs is intended to give offenders more freedom while still ensuring compliance with curfew conditions. The increased curfew period and supervision aim to reduce the risk of reoffending.
The changes to sentencing guidelines are intended to reflect the seriousness of certain crimes and deter potential offenders. They also bring the sentences for these crimes more in line with the Guidelines Council’s Sentencing Guidelines.
Conclusion:
The Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 is a significant piece of legislation that introduces important changes to the UK’s criminal justice system. The amendments to the HDC scheme and sentencing guidelines are intended to enhance public safety, reduce reoffending, and reflect the seriousness of certain crimes. The impact of these changes will be closely monitored and evaluated in the coming months and years.
The Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024
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