(1)The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.
(2)An order under this section may—
(a)require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;
(b)make provision generally or in relation to a case described in the order.
(3)An order under this section may, in particular—
(a)make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;
(b)make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;
(c)make provision by reference to whether a person specified in the order is satisfied of a matter.
(4)An order under this section may not make provision about a case in which the sentence imposed on the person is—
(a)a detention and training order,
(b)a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 [F2or section 250 [F3or 252A] of the Sentencing Code] (detention of offenders under 18 convicted of certain offences),
(c)a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences), F4...
[F5(ca)a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain offences),]
(d)an order under section 211 of [F6the Armed Forces Act 2006] [F7, or
(e)a custodial order under—
(i)section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
(ii)paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.]
(5)In this section, “electronic monitoring condition” has the same meaning as in section 62.]
Textual Amendments
F1Ss. 62A , 62B inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 7(3), 95(1) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 7
F2Words in s. 62A(4)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 174 (with Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 62A(4)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 18(3)
F4Word in s. 62A(4)(c) omitted (22.1.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 28(3)(a), 49(3)(a) (with s. 28(6))
F5S. 62A(4)(ca) inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(3)(a), 49(3)(a) (with s. 28(6))
F6Words in s. 62A(4)(d) substituted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(3)(b), 49(3)(a) (with s. 28(6))
F7S. 62A(4)(e) and word inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(3)(c), 49(3)(a) (with s. 28(6))