This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Understand the procedures for curfew and electronic monitoring orders in England and Wales, including how courts impose them, the technology involved, legal limits on hours and duration, safeguarding checks, enforcement processes and practical considerations for compliance and breach action.
Curfew and electronic monitoring orders are tools used by courts in England and Wales to manage and supervise individuals within the community, either as part of a sentenced order (like a community order or a suspended sentence) or, in some contexts, as a condition of bail or licence. These measures restrict an offender's movement and record their compliance using technology, such as ankle‑worn tags. They are intended to support rehabilitation, protect the public and ensure compliance with the conditions set by the court. This article explains the legal framework, decision‑making processes, practical procedures and what individuals can expect. All information is based on current authoritative sources.
What Legal Powers Allow Curfew and Electronic Monitoring Orders?
Curfew and electronic monitoring requirements arise within the sentencing framework under the Sentencing Act 2020 and accompanying Sentencing Code, as applied through magistrates' courts and the Crown Court. Curfew requirements can be imposed as part of a community order or as a component of a suspended sentence order; the courts decide these when they conclude that public protection, punishment or rehabilitation justify restricting an offender's liberty without immediate custody.
Electronic monitoring can either form part of the enforcement of another requirement (such as a curfew) or stand alone (for example, GPS tracking of an offender's whereabouts). The law specifies the procedures and limits that apply to these orders.
Curfew Requirements: What They Are and How They Are Set
A curfew requirement compels an offender to remain at a specified address for fixed hours on specified days. The curfew must be tailored to the individual case, reflecting the gravity of the offence and any risks to the public or victim.
Key Elements of Curfew Orders
- Hours: As at 2025–2026, courts may set curfew periods of between 2 and 20 hours in any 24‑hour period. The weekly total must not exceed the statutory limit (for example, 112 hours per week).
- Duration: The overall length of the curfew period can be up to 2 years, depending on the offence date and applicable sentencing law.
- Places: Different addresses or periods may be specified for different days if justified.
- Safeguarding checks: Before setting a curfew, courts must ensure that the proposed address is suitable and that vulnerable people living there or related to the offender will not be placed at risk. This typically involves enquiries by the Probation Service.
The purpose of these checks is to protect vulnerable adults and children and to ensure that compliance is practicable.
Electronic Monitoring: Technology and Court Procedures
Electronic monitoring (EM) involves using a device, typically an ankle tag, to verify an offender's compliance with court requirements. There are different forms of EM technology available in England and Wales:
- Radio Frequency (RF) monitoring: Commonly used to check that an offender is at a specified address during curfew hours.
- GPS location monitoring: Uses satellite technology to record an offender's movements and can enforce exclusion zones (areas they must avoid) or monitor compliance with other restrictions.
- Trail monitoring: A more advanced form that allows retrospective review of an offender's movements; this is controlled and used when there is a lawful reason.
Court Imposition of Electronic Monitoring
When a court imposes a curfew or an exclusion requirement, it must also impose an electronic compliance monitoring requirement unless there are specific practical reasons not to do so. These include:
- Cooperation of another person (such as a homeowner) is required but is not forthcoming.
- Electronic monitoring is unavailable or impractical in the circumstances.
- The court considers EM inappropriate in the particular case (for example, where it unduly jeopardises wellbeing).
The court's obligation to impose EM when it attaches to another requirement ensures that compliance can be verified.
The duration of an electronic monitoring requirement can be up to 2 years, which may span beyond the curfew period or other obligations depending on judicial direction.
How Orders Are Enforced
Once imposed, curfew and electronic monitoring conditions are communicated to the Probation Service and the monitoring provider. The device is typically fitted soon after sentencing or, if imposed on bail, after the court hearing. EM devices continuously or periodically check location or curfew compliance and send alerts to a monitoring centre if a breach occurs.
If an offender fails to comply - for example, by leaving the curfew address during restricted hours - the monitoring system alerts the authorities. The court or probation officer may then be involved in enforcement action, including breach proceedings, which can lead to further court hearings and possible penalties.
Practical Issues: Availability and Safeguarding
Implementation of electronic monitoring has faced operational challenges, including delays in fitting devices. The effectiveness of EM relies on adequate provision of tags and communication between courts, probation and private monitoring providers.
Safeguarding remains a core concern, particularly when a curfew address is shared with vulnerable individuals. The court must ensure that detained persons or dependants are protected, and that the physical installation and location of required technology do not create additional risk.
Curfew and Monitoring Outside Sentencing
In addition to sentencing orders, electronic monitoring can also be a condition of bail, imposed by the court to reduce the need for custodial remand. In this context, EM supports a curfew or exclusion condition, providing a structured alternative while a case proceeds to trial.
Key Takeaways
Curfew and electronic monitoring orders are structured legal tools in England and Wales designed to supervise offenders within the community while balancing rehabilitation, public protection and compliance. The courts determine when these measures are appropriate during sentencing or as a bail condition, specify curfew hours and overall durations, and ensure that electronic monitoring is attached where appropriate to verify compliance. The process involves safeguarding checks, consultation with probation professionals, and ongoing monitoring once the order is in force. Effective implementation depends on prompt device fitting and clear communication between courts, probation services and monitoring providers.
