Criminal Justice Act 2003

Electronic monitoring E+W

215 Electronic monitoring requirement E+W

(1) In this Part “electronic monitoring requirement”, in relation to a relevant order, means a requirement for securing the electronic monitoring of the offender’s compliance with other requirements imposed by the order during a period specified in the order, or determined by the responsible officer in accordance with the relevant order.

(2) Where—

(a) it is proposed to include in a relevant order a requirement for securing electronic monitoring in accordance with this section, but

(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person’s consent.

(3) A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring; and a person who is made so responsible must be of a description specified in an order made by the Secretary of State.

(4) Where an electronic monitoring requirement is required to take effect during a period determined by the responsible officer in accordance with the relevant order, the responsible officer must, before the beginning of that period, notify—

(a) the offender,

(b) the person responsible for the monitoring, and

(c) any person falling within subsection (2)(b),

of the time when the period is to begin.

Modifications etc. (not altering text)

C1 S. 215 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1 S. 215 wholly in force at 4.4.2005; s. 215 not in force at Royal Assent, see s. 336(3); s. 215 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 215(3) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 215 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 15 (subject to art. 2(2), Sch. 2)