Domestic Abuse Act 2021

37 Further provision about electronic monitoring requirements

(1) Subsections (2) to (4) apply for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) in a domestic abuse protection order.

(2) The requirement may not be imposed in P’s absence.

(3) If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.

(4) The court may impose the requirement only if—

(a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and

(b) it is satisfied that the necessary provision can be made under the arrangements currently available.

(5) In subsection (4)(a) “the relevant area” means—

(a) the local justice area in which it appears to the court that P resides or will reside, and

(b) in a case where it is proposed to include in the order—

(i) a requirement that P must remain, for specified periods, at a specified place, or

(ii) a provision prohibiting P from entering a specified place or area,

the local justice area in which the place or area proposed to be specified is situated.

“Specified” means specified in the order.

(6) A domestic abuse protection order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.

(7) The person specified under subsection (6) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.

(8) Where a domestic abuse protection order imposes an electronic monitoring requirement on a person, the person must (among other things)—

(a) submit, as required from time to time by the responsible person, to—

(i) being fitted with, or the installation of, any necessary apparatus, and

(ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

These obligations have effect as requirements of the order.