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.