Part 1Serious Crime Prevention Orders

F1Electronic monitoring requirements

5CConditions for imposing electronic monitoring requirements

(1)

This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B.

(2)

The requirement may not be imposed in P’s absence.

(3)

If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.

(4)

A court may impose the requirement in relation to a relevant police area or areas only if—

(a)

it has been notified by the Secretary of State that electronic monitoring arrangements are available in the area or areas, and

(b)

it is satisfied that the necessary provision can be made under the arrangements currently available.

(5)

For the purposes of subsection (4)—

“relevant police area” means—

(a)

the police area in England or Wales in which it appears to the court that P resides or will reside, and

(b)

in a case where it is proposed to include in the order—

  1. (i)

    a requirement that P must remain, for specified periods, at a specified place, or

  2. (ii)

    a provision prohibiting P from entering a specified place or area,

the police area in England or Wales in which the place or area proposed to be specified is situated;

“specified” means specified in the order.