1.—(1) These Regulations may be cited as the Restriction of Liberty Order and Restricted Movement Requirement (Scotland) Regulations 2011 and come into force on 4th February 2011.
(2) The Restriction of Liberty Order (Scotland) Regulations 2006(1) and the Restriction of Liberty Order (Scotland) Amendment Regulations 2008(2) are revoked.
2. In these Regulations—
“the Act” means the Criminal Procedure (Scotland) Act 1995;
“G4S JSL” means G4S Justice Services Limited, a company incorporated under the Companies Acts under number 390328 and having its registered office at Sutton Park House, 15 Carshalton Road, Sutton, Surrey SM1 4LD;
“Guidance Monitoring Limited” means Guidance Monitoring Limited, a company incorporated under the Companies Acts under number 2626613 and having its registered office at 4 Dominus Way, Leicester LE19 1RP;
“offender” means a person in respect of whom a restriction of liberty order or a restricted movement requirement has been imposed;
“restricted movement requirement” has the meaning assigned to it by section 227ZF(1)(3) of the Act;
“restriction of liberty order” has the meaning assigned to it by section 245A(1) of the Act;
“place of curfew” means, in relation to a restriction of liberty order, that place specified in a restriction of liberty order in terms of section 245A(2)(a) or (b) of the Act, which the offender is required to be in or, as the case may be, not be in; and, in relation to a restricted movement requirement, that place specified in a restricted movement requirement in terms of section 227ZF(2) of the Act, which the offender is required to be in or, as the case may be, not be in; and
“Serco Geografix” means Serco Geografix Limited, a company incorporated under the Companies Acts under number 3522659 and having its registered office at Serco House, 16 Bartley Wood Business Park, Bartley Wood, Hook, Hampshire RG27 9UY.
3.—(1) The courts which are prescribed for the purpose of making restriction of liberty orders are those listed in Part 1 of Schedule 1 to these Regulations.
(2) The courts which are prescribed for the purpose of imposing restricted movement requirements are those listed in Part 2 of Schedule 1 to these Regulations.
4. Compliance of an offender with the requirements of a restriction of liberty order or a restricted movement requirement may be monitored by the following methods:—
(a)radio and electronic monitoring of an offender’s presence at or absence from a place of curfew by means of a regular radio signal transmitted by a transmitter device attached to the offender with the transmitted signal received by a radio receiving and monitoring device located at the place of curfew, with the relevant information received and processed by said radio receiving and monitoring device periodically passed by telephone line to a central computer at a monitoring centre;
(b)radio and electronic monitoring of an offender’s presence at or absence from a place of curfew by a mobile receiver which receives radio signals transmitted by a transmitter device attached to the offender;
(c)monitoring the offender’s whereabouts by periodic telephone calls to the offender at a particular location with secondary verification of the identity of the offender by verification against stored personal details; and
(d)monitoring the offender’s whereabouts by random visits to the offender’s place of curfew during periods of restriction,
but the methods of monitoring referred to in (b), (c) or (d) shall not be used unless it is not reasonably practicable to use the method described in (a) except that the method referred to in (c) may be used as a back-up method of monitoring where method (a) is also being used.
5. For the purposes of section 245C(3)(4) of the Act, the devices listed in Schedule 2 to these Regulations are specified and may be used for the purpose of remotely monitoring the compliance of an offender with the requirements of a restriction of liberty order or a restricted movement requirement.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
11th January 2011