Part IIIDealing with offenders

Chapter IIMiscellaneous

Release of prisoners on licence etc.

62Release on licence etc: conditions as to monitoring

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).

3

In relation to a prisoner released under section 34A(3) of the [1991 c. 53.] Criminal Justice Act 1991 (power to release short-term prisoners on licence) the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 37A of that Act (curfew conditions).

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 [2000 c. 6.] Powers 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,

and “prison” shall be construed accordingly.