Management of Offenders (Scotland) Act 2019

Devices, use and information

8 Approved devices to be prescribed

(1) An approved device, in relation to a requirement under—

(a) section 1(1), or

(b) section 5(1),

is an electronic device of a type prescribed in regulations made by the Scottish Ministers.

(2) A type of device that may be prescribed in regulations under subsection (1) includes—

(a) a device for monitoring a person’s whereabouts in some manner (including of being at, or not being at, a particular place), or

(b) a device for—

(i) detecting whether a person has consumed, taken or ingested alcohol, drugs or other substances, or

(ii) measuring the level of alcohol, drugs or other substances consumed, taken or ingested by a person.

(3) Regulations under subsection (1) may include provision as to any apparatus to be linked to a device as well as prescribing the device itself.

9 Use of devices and information

(1) The Scottish Ministers may by regulations make provision about—

(a) the use of an approved device in connection with a requirement made under—

(i) section 1(1), or

(ii) section 5(1),

(b) the use of information obtained through monitoring of a person by means of such a device for the purpose mentioned in section 1(4) or 5(4).

(2) Subsections (3) to (5) give examples of what regulations under subsection (1) may do.

(3) Regulations may set out how or when a device is to be—

(a) worn by a person subject to a requirement made under section 1(1) or 5(1), or

(b) used in some other way by a person subject to such a requirement.

(4) Regulations may provide for—

(a) circumstances in which a particular type of device is, or is not, to be used,

(b) what information may, or may not, be gathered—

(i) at particular times,

(ii) in particular circumstances.

(5) Regulations may—

(a) allow or restrict the use or sharing of information obtained through monitoring,

(b) fix periods—

(i) during which such information may be retained,

(ii) after which such information must be destroyed.