Part 1

Serious Crime Prevention Orders

Electronic monitoring requirements

Conditions for imposing electronic monitoring requirements
5C
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—
  1. the police area in England or Wales in which it appears to the court that P resides or will reside, and
  2. in a case where it is proposed to include in the order—
    1. a requirement that P must remain, for specified periods, at a specified place, or
    2. 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.
Ss. 5B-5D inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 55(2), 65(3)(f)