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Criminal Justice and Immigration Act 2008

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Criminal Justice and Immigration Act 2008, SCHEDULE 11 is up to date with all changes known to be in force on or before 22 March 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Section 51

SCHEDULE 11E+WElectronic monitoring of persons released on bail subject to conditions

This schedule has no associated Explanatory Notes

1The Bail Act 1976 (c. 63) has effect subject to the following amendments.

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Commencement Information

I1Sch. 11 para. 1 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15

2In section 3 (general provisions) for subsection (6ZAA) substitute—

(6ZAA)The requirements which may be imposed under subsection (6) include electronic monitoring requirements.

The imposition of electronic monitoring requirements is subject to section 3AA (in the case of a child or young person), section 3AB (in the case of other persons) and section 3AC (in all cases).

(6ZAB)In this section and sections 3AA to 3AC “electronic monitoring requirements” means requirements imposed for the purpose of securing the electronic monitoring of a person's compliance with any other requirement imposed on him as a condition of bail.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 11 para. 2 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15

3(1)Section 3AA (electronic monitoring of compliance with bail conditions) is amended as follows.E+W

(2)In the heading to the section, for “Electronic monitoring of compliance with bail conditions” substitute “ Conditions for the imposition of electronic monitoring requirements: children and young persons ”.

(3)For subsection (1) substitute—

(1)A court may not impose electronic monitoring requirements on a child or young person unless each of the following conditions is met.

(4)For subsection (4) substitute—

(4)The third condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.'

(5)In subsection (5), for “such a requirement” substitute “ electronic monitoring requirements ”.

(6)Subsections (6) to (10) and (12) (which are superseded by section 3AC) are omitted.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 11 para. 3 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15

4After section 3AA insert—

3ABConditions for the imposition of electronic monitoring requirements: other persons

(1)A court may not impose electronic monitoring requirements on a person who has attained the age of seventeen unless each of the following conditions is met.

(2)The first condition is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail.

(3)The second condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.

(4)If the person is aged seventeen, the third condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in his case.

3ACElectronic monitoring: general provisions

(1)Where a court imposes electronic monitoring requirements as a condition of bail, the requirements must include provision for making a person responsible for the monitoring.

(2)A person may not be made responsible for the electronic monitoring of a person on bail unless he is of a description specified in an order made by the Secretary of State.

(3)The Secretary of State may make rules for regulating—

(a)the electronic monitoring of persons on bail;

(b)without prejudice to the generality of paragraph (a), the functions of persons made responsible for such monitoring.

(4)The rules may make different provision for different cases.

(5)Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.

(6)A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)For the purposes of section 3AA or 3AB a local justice area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.

(8)Nothing in sections 3, 3AA or 3AB is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of persons released on bail.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 11 para. 4 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15

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