Criminal Justice and Courts Services Act 2000

62 Release on licence etc: conditions as to monitoring

(1) This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—

(a) the Secretary of State is required to, or may, release the person from prison, and

(b) the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).

(2) The conditions may include—

(a) conditions for securing the electronic monitoring of his compliance with any other conditions of his release,

(b) conditions for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with other conditions of his release).

(3) In relation to a prisoner released under section 34A(3) of the [1991 c. 53.] Criminal Justice Act 1991 (power to release short-term prisoners on licence) the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 37A of that Act (curfew conditions).

(4) The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.

(5) In this section, “sentence of imprisonment” includes—

(a) a detention and training order,

(b) a sentence of detention in a young offender institution,

(c) a sentence of detention under section 90 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),

(d) a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),

(e) a sentence of custody for life under section 93 or 94 of that Act,

and “prison” shall be construed accordingly.