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.