Community Payback Order: practice guidance

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 CPO as a separate order. If a need for electronic monitoring of the individual is identified by the court at the point of imposition of the CPO, a restricted movement requirement or a concurrent RLO can be made. All failures to comply with the requirements of the RLO will be reported to the sentencing court, copied to justice social work, where appropriate.

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 manager for information. Similarly, the court will provide the EM service provider 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 and EMO should be requested from the EM service provider at the same time. This should be included in the breach report to provide information to the court on the individual's overall level of compliance with their community orders.

Where the individual has breached the RLO or EMO, the EM service provider will send the breach report to the court and will send a copy to the relevant justice social work case 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 justice social work. However, due to the short contractual timescales for submitting breach reports, the EM service provider cannot request and include a CPO compliance report in the RLO breach report.