PART 1Criminal Justice
Release and recall of prisoners
I17Electronic monitoring following release on licence etc
1
Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with offenders) is amended as follows.
2
In section 62 (release on licence etc: conditions as to monitoring)—
a
for subsection (2) substitute—
2
The conditions may include electronic monitoring conditions.
2A
An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring.
2B
A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.
b
after subsection (5) insert—
5A
In this section “electronic monitoring condition” means a condition requiring the person to submit to either or both of the following—
a
electronic monitoring of the person's compliance with another condition of release, and
b
electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).
3
After section 62 insert—
62ARelease on licence etc: compulsory electronic monitoring conditions
1
The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.
2
An order under this section may—
a
require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;
b
make provision generally or in relation to a case described in the order.
3
An order under this section may, in particular—
a
make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;
b
make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;
c
make provision by reference to whether a person specified in the order is satisfied of a matter.
4
An order under this section may not make provision about a case in which the sentence imposed on the person is—
a
a detention and training order,
b
a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of offenders under 18 convicted of certain offences),
c
a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences), or
d
an order under section 211 of that Act.
5
In this section, “electronic monitoring condition” has the same meaning as in section 62.
62BData from electronic monitoring: code of practice
1
The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62.
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.
4
Schedule 2 to this Act contains consequential provision.
5
The amendments made by this section and Schedule 2 apply in relation to a person who is released from prison on or after the day on which they come into force.