Sentencing Act 2020

PART 14 Electronic monitoring

Electronic compliance monitoring requirement

29 (1) In this Code “electronic compliance monitoring requirement”, in relation to a relevant order, means a requirement for securing the electronic monitoring of the offender’s compliance with other requirements imposed by the order during a period (“the monitoring period”)—

(a) specified in the order, or

(b) determined by the responsible officer in accordance with the relevant order.

(2) Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the relevant order.

(3) Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—

(a) the offender,

(b) the person responsible for the monitoring, and

(c) any person falling within paragraph 33(b).

(4) An electronic compliance monitoring requirement may not be imposed for securing the electronic monitoring of the offender’s compliance with an alcohol abstinence and monitoring requirement.

(5) But that does not prevent an order which imposes an alcohol abstinence and monitoring requirement from including an electronic compliance monitoring requirement for securing the electronic monitoring of the offender’s compliance with any other requirement.

Electronic whereabouts monitoring requirement

30 In this Code “electronic whereabouts monitoring requirement”, in relation to a relevant order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order.

Electronic monitoring: person responsible for monitoring

31 (1) A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring.

(2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Electronic monitoring: general

32 Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—

(a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

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

(ii) 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 officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

Restriction on imposing electronic monitoring: general

33 Where—

(a) it is proposed to include in a relevant order an electronic monitoring requirement, but

(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person’s consent.

Restriction on imposing an electronic compliance monitoring requirement

34 (1) A court may not include an electronic compliance monitoring requirement in a relevant order in respect of an offender unless—

(a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area (see sub-paragraphs (2) to (4)) (and the notice has not been withdrawn), and

(b) the court is satisfied that the necessary provision can be made under those arrangements.

(2) In the case of a relevant order containing—

(a) a curfew requirement, or

(b) an exclusion requirement,

the relevant area is the area in which the place proposed to be specified in the order is situated.

For this purpose, “place”, in relation to an exclusion requirement, has the same meaning as in paragraph 11.

(3) In the case of a relevant order containing an attendance centre requirement, the relevant area is an area in which there is an attendance centre which is available for persons of the offender’s description and which the court is satisfied is reasonably accessible to the offender.

(4) In the case of any other relevant order, the relevant area is the local justice area proposed to be specified in the order.

Restriction on imposing electronic whereabouts monitoring requirement

35 A court may not include an electronic whereabouts monitoring requirement in a relevant order in respect of an offender unless—

(a) the court 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 (and the notice has not been withdrawn),

(b) the court is satisfied that—

(i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and

(ii) any other necessary provision can be made under those arrangements, and

(c) the court 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.