The Restriction of Liberty Order etc. (Scotland) Regulations 2013

Methods of monitoring compliance

4.—(1) This regulation applies to requirements imposed—

(a) in a restriction of liberty order;

(b) in a restricted movement requirement;

(c) under section 234CA(1) of the Act; and

(d) under section 230A(1) of the Act.

(2) Subject to paragraph (3), compliance with requirements to which this regulation applies 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.

(3) The methods of monitoring set out in (2)(b), (c) and (d) shall not be used unless it is not reasonably practicable to use the method set out in (2)(a), except that the method set out in (2)(c) may be used as a back-up method of monitoring where the method set out in (2)(a) is also being used.