(1)This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—
(a)the Secretary of State is required to, or may, release the person from prison, and
(b)the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
(2)The conditions may include—
(a)conditions for securing the electronic monitoring of his compliance with any other conditions of his release,
(b)conditions for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with other conditions of his release).
[F1(3)In relation to a prisoner released under section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 253 of that Act (curfew condition).]
(4)The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
(5)In this section, “sentence of imprisonment” includes—
(a)a detention and training order,
(b)a sentence of detention in a young offender institution,
(c)a sentence of detention under section 90 of the M1Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),
(d)a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),
(e)a sentence of custody for life under section 93 or 94 of that Act,[F2, F3...
(f)a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003 [F4(including one passed as a result of section 221 or 222 of the Armed Forces Act 2006)]]
[F5(g)a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and
(h)an order under section 211 of that Act,]
and “prison” shall be construed accordingly.
Textual Amendments
F1S. 62(3) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 136(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F2S. 62(5)(f) and word inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 136(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F3Word in s. 62(5) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F4Words in s. 62(5)(f) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 184(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F5S. 62(5)(g)(h) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 184(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Marginal Citations