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Criminal Justice and Police Act 2001

Section 131: Monitoring of compliance with bail conditions

383.Subsection (1) adds a new subsection (6ZAA) to section 3 of the Bail Act 1976. This gives the court the power to impose electronic monitoring on 12-16 year olds to ensure compliance with bail conditions.

384.Subsection (2) adds a new section (3AA) to the 1976 Act. Subsections (2) – (5) of section 3AA set out the conditions which must be satisfied before a court can order electronic monitoring. These are that:

  • the alleged offender would otherwise be eligible for remand with a security requirement.

  • the Secretary of State must have notified the court that appropriate arrangements for electronic monitoring are available.

  • the local youth offending team must have advised the court that electronic monitoring is suitable in the particular case.

385.Subsections (6-10) of new section 3AA deal with the arrangements for electronic monitoring and the associated powers of the Secretary of State. They give the Secretary of State the power to make an order designating certain individuals as responsible officers for the supervision of electronic monitoring. They also require the court to appoint a responsible officer in each case where it orders electronic monitoring. In addition, they allow the Secretary of State to make rules regulating electronic monitoring and the functions of responsible officers.

386.Subsection (4) of section 131 provides that electronic monitoring is only available to the courts. It is not available in cases of police bail.

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