Monitoring on release on parole
Section 5 - Requirement with licence conditions
27.Section 5 enables the Scottish Ministers to impose an electronic monitoring requirement on a person when imposing licence conditions on the release of that person from a prison or young offenders institution. In effect section 5 replicates for licence conditions the provisions of section 1 relating to court disposals.
28.Section 5(1) provides that the Scottish Minsters may, when imposing licence conditions, require a person to submit to monitoring by means of an approved device. A description of the relevant licence conditions that can be monitored is contained in section 7(1) and a definition of approved device is contained in section 8(1).
29.Section 5(3) provides that a requirement made under this section is to be monitored by a person designated by the Scottish Ministers in terms of section 11(2)(a). It also sets out that the person subject to the monitoring requirement is bound by the obligations described in sections 12(2) and (3) whilst being electronically monitored.
30.Section 5(4) provides that electronic monitoring is for the dual purpose of ascertaining whether or not the monitored person is, firstly, complying with the specific requirements of the licence conditions which are to be electronically monitored, and secondly, fulfilling the obligations placed on the individual under section 12.
31.Section 5(5) provides that the court must explain to a person who is being made subject to an electronic monitoring requirement the purpose of the electronic monitoring as defined at subsection 5(4) above. Section 5(5) also provides that the person must be warned of the consequences of failing to fulfil the section 12 obligations.
32.Section 5(6) provides that the terms of the requirement for electronic monitoring are to be stated in the licence on which the person is released.
33.Section 5(7) provides that it is for the Ministers to specify the particular aspects of the licence conditions that are to be monitored when imposing the licence conditions.
Section 6 – Particular rules regarding conditions
34.Section 6(1) provides that if a recommendation of the Parole Board for Scotland is necessary before particular conditions mentioned in section 7(1) can be imposed on a person, then a recommendation from the Parole Board for Scotland is also necessary before an electronic monitoring requirement can be made in relation to those conditions.
35.Section 6(2) provides that an electronic monitoring requirement lasts for as long as a person is subject to the related conditions. It further provides that the Scottish Minsters may however vary or revoke an electronic monitoring requirement when the related conditions are being varied or revoked.
Section 7 – List of the relevant conditions
36.Section 7(1) lists the relevant conditions in connection with which the Scottish Minsters may require a person to submit to electronic monitoring. Section 7(1)(e) allows the Scottish Ministers to prescribe by regulations additional types of early release conditions which can be electronically monitored.
37.Section 7(2) provides that the reference to conditions mentioned in section 7(1) is limited so as to relate to the monitoring of either a person’s whereabouts (including being at or not being at a particular place), or a person’s consumption, taking, or ingestion of alcohol, drugs or other substances.
