SCHEDULES
SCHEDULE 16Dealing non-custodially with offenders
Part 4Electronic monitoring of offenders
18
1
Section 218 (availability of arrangements in local area) is amended as follows.
2
In subsection (4)—
a
after “electronic monitoring requirement” insert “
within section 215(1)(a)
”
, and
b
in paragraph (b), for “those arrangements” substitute “
the arrangements currently available
”
.
3
After subsection (8) insert—
9
A court may not include an electronic monitoring requirement within section 215(1)(b) in a relevant order in respect of an offender unless the court—
a
has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order,
b
is satisfied that the offender can be fitted with any necessary apparatus under the arrangements currently available and that any other necessary provision can be made under those arrangements, and
c
is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.