PART XIU.K. Sentencing

[F1Restriction of liberty orders]S

Textual Amendments

F1Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

[F2245C Remote monitoring.S

(1)The Secretary of State may make such arrangements, including contractual arrangements, as he considers appropriate with such persons, whether legal or natural, as he thinks fit for the remote monitoring of the compliance of offenders with restriction of liberty orders, and different arrangements may be made in relation to different areas or different forms of remote monitoring.

(2)A court making a restriction of liberty order which is to be monitored remotely may include in the order a requirement that the offender [F3—

(a)] shall, either continuously or for such periods as may be specified, wear or carry a device for the purpose of enabling the remote monitoring of his compliance with the order to be carried out [F4, and

(b)shall not tamper with or intentionally damage the device or knowingly allow it to be tampered with or intentionally damaged.]

(3)The Secretary of State shall by regulations specify devices which may be used for the purpose of remotely monitoring the compliance of an offender with the requirements of a restriction of liberty order.

(4)Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F2Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

F3Words in s. 245C(2) renumbered as s. 245C(2)(a) (4.10.2004) by virtue of Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 8), ss. 25, 27(1), Sch. para. 36(a); S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

F4S. 245C(2)(b) and preceding word inserted (4.10.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 36(b); S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

Modifications etc. (not altering text)

C1S. 245C applied (12.1.2004) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 40(7), 89; S.S.I. 2003/475, art. 2, Sch.

S. 245C applied (8.2.2006 for certain purposes and 3.7.2006 for certain further purposes, otherwise 21.3.2008) by Prisoners and Criminal Proceedings (Scotland) Act 1993 (1993 c. 9), s. 12AB (as inserted by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(10), 24); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1 (subject to art. 3(3)); S.S.I. 2006/331, art. 3(4) (subject to art. 3(5)); S.S.I. 2008/21, art. 2