Valid from 17/10/2016
18(1)Section 218 (availability of arrangements in local area) is amended as follows.U.K.
(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.”