Management of Offenders (Scotland) Act 2019 (asp 14)

Valid from 11/10/2019

PART 1 S Electronic monitoring etc.

Valid from 01/10/2020

Devices, use and information S

9 Use of devices and information S

(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.