SCHEDULES

SCHEDULE 16Dealing non-custodially with offenders

Part 4Electronic monitoring of offenders

I1I3I2I4I516

1

Section 215 (electronic monitoring requirement) is amended as follows.

2

In subsection (1) (“electronic monitoring requirement” is a requirement for securing the monitoring of compliance with other requirements)—

a

for “for securing the” substitute

to submit to either or both of the following—

a

b

at the end insert

, and

b

electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirements included in the order) during a period specified in the order.

3

After subsection (4) insert—

4A

Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—

a

submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

i

being fitted with, or installation of, any necessary apparatus, and

ii

inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

b

not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

c

take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

4

In subsection (5) (electronic monitoring requirement not to be imposed for monitoring compliance with alcohol abstinence and monitoring requirement) after “electronic monitoring requirement” insert “ within subsection (1)(a) ”.

5

In subsection (6) (subsection (5) does not prevent electronic monitoring of compliance with other requirements) for “this is” substitute “ the electronic monitoring requirement is within subsection (1)(b) or is included ”.