Part 12Sentencing

Chapter 4Further provisions about orders under Chapters 2 and 3

Electronic monitoring

215Electronic monitoring requirement

(1)

In this Part “electronic monitoring requirement”, in relation to a relevant order, means a requirement F1for securing the F1to submit to either or both of the following—

(a)

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.F2, and

(b)

electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirements included in the order) during a period specified in the 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.

F3(4A)

Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—

(a)

submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

(i)

being fitted with, or installation of, any necessary apparatus, and

(ii)

inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b)

not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c)

take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

F4(5)

An electronic monitoring requirement F5within subsection (1)(a) may not be included in a relevant order for the purposes of securing the electronic monitoring of the offender's compliance with an alcohol abstinence and monitoring requirement.

(6)

Subsection (5) does not prevent the inclusion of an electronic monitoring requirement in a relevant order which includes an alcohol abstinence and monitoring requirement where F6this is F6the electronic monitoring requirement is within subsection (1)(b) or is included for the purpose of securing the electronic monitoring of an offender's compliance with a requirement other than the alcohol abstinence and monitoring requirement.

F7215AData from electronic monitoring: code of practice

(1)

The Secretary of State must issue a code of practice relating to processing of data gathered in the course of electronic monitoring of offenders under electronic monitoring requirements imposed by relevant orders.

(2)

A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.