PART 1Electronic monitoring etc.
Devices, use and information
8Approved devices to be prescribed
1
An approved device, in relation to a requirement under—
a
section 1(1), or
b
section 5(1),
is an electronic device of a type prescribed in regulations made by the Scottish Ministers.
2
A type of device that may be prescribed in regulations under subsection (1) includes—
a
a device for monitoring a person's whereabouts in some manner (including of being at, or not being at, a particular place), or
b
a device for—
i
detecting whether a person has consumed, taken or ingested alcohol, drugs or other substances, or
ii
measuring the level of alcohol, drugs or other substances consumed, taken or ingested by a person.
3
Regulations under subsection (1) may include provision as to any apparatus to be linked to a device as well as prescribing the device itself.
9Use of devices and information
1
The Scottish Ministers may by regulations make provision about—
a
the use of an approved device in connection with a requirement made under—
i
section 1(1), or
ii
section 5(1),
b
the use of information obtained through monitoring of a person by means of such a device for the purpose mentioned in section 1(4) or 5(4).
2
Subsections (3) to (5) give examples of what regulations under subsection (1) may do.
3
Regulations may set out how or when a device is to be—
a
worn by a person subject to a requirement made under section 1(1) or 5(1), or
b
used in some other way by a person subject to such a requirement.
4
Regulations may provide for—
a
circumstances in which a particular type of device is, or is not, to be used,
b
what information may, or may not, be gathered—
i
at particular times,
ii
in particular circumstances.
5
Regulations may—
a
allow or restrict the use or sharing of information obtained through monitoring,
b
fix periods—
i
during which such information may be retained,
ii
after which such information must be destroyed.