Explanatory Notes

Legal Aid, Sentencing and Punishment of Offenders Act 2012

2012 CHAPTER 10

1 May 2012

Commentary

Part 3: Sentencing and punishment of offenders

Chapter 3: Remands of children otherwise than on bail
Remands
Section 96: Further provisions about electronic monitoring

512.Section 96 provides that when imposing a condition of electronic monitoring the court must make a person responsible for the monitoring and that they must be of a description specified by the Secretary of State.

513.Subsection (2) confers a power on the Secretary of State to prescribe by order the description of persons who may be responsible for electronic monitoring, and subsection (3) confers a power to make rules regulating electronic monitoring in general and the functions of the person responsible for carrying out the monitoring in particular. Both the order and the rules must be made by statutory instrument and the rules are subject to the negative resolution procedure in Parliament.