Explanatory Notes

Management of Offenders (Scotland) Act 2019

2019 asp 14

30 July 2019

The Structure and a Summary of the Act

Part 1 – Electronic Monitoring Etc.

Arrangements and designation

Section 10 – Arrangements for monitoring system

42.Section 10(1) provides that the Scottish Ministers are obliged to make arrangements to secure the monitoring of a person, by means of an approved device, in connection with an electronic monitoring requirement made in relation to either a relevant court disposal or licence condition. Section 10(3) states that different arrangements may be made by the Scottish Ministers, under section 10(1), for different purposes.

43.Section 10(2) provides that the Scottish Ministers are obliged to keep the Scottish Courts and Tribunals Service informed of the identity of persons who are eligible for the courts to designate under section 11(1)(a). This designated person being responsible for monitoring a person for the purposes of an electronic monitoring requirement imposed by the court.