The Electronic Monitoring (Responsible Persons) Order 2018

Statutory Instruments

2018 No. 212

Criminal Law, England And Wales

The Electronic Monitoring (Responsible Persons) Order 2018

Made

20th February 2018

Laid before Parliament

22nd February 2018

Coming into force

for all purposes except for article 4(b)

15th March 2018

for article 4(b)

1st April 2018

The Secretary of State, in exercise of the powers conferred by section 62(2B), 76(3) and 77 of the Criminal Justice and Court Services Act 2000(1), makes the following Order.

Citation and Commencement

1.  This Order may be cited as the Electronic Monitoring (Responsible Persons) Order 2018.

2.  This Order comes into force on 15th March 2018 except for the purposes of article 4(b) which comes into force on 1st April 2018.

Responsible persons for the purposes of section 62(2B) of the Criminal Justice and Court Services Act 2000

3.  For the purposes of section 62(2B) of the Criminal Justice and Court Services Act 2000, the description of the persons who may be made responsible for the monitoring of individuals subject to electronic monitoring—

(a) whilst on licence is one who is employed by—

(i) Capita Business Services Limited, 71 Victoria Street, Westminster, London SW1H 0XA (Company Number 02299747);

(ii) Alcohol Monitoring Systems Limited, 40 Bank Street (HQ3), Level 18, Canary Wharf, London, E14 5NR.

(b) whilst subject to a restricted transfer to Scotland under Schedule 1 to the Crime (Sentences) Act 1997(2), who is released on Home Detention Curfew under section 246 of the Criminal Justice Act 2003(3), is one employed by G4S Monitoring Technologies Limited, Southside, 105 Victoria Street, London SW1E 6QT (Company Number 02626613).

Revocations

4.  The following are revoked—

(a) article 4 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014(4);

(b) the Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2016(5).

Rory Stewart

Minister of State

Ministry of Justice

20th February 2018

EXPLANATORY NOTE

(This note is not part of the Order)

Section 62(2B) of the Criminal Justice and Services Act 2000 (c. 43) provides that a person may not be made responsible for the monitoring of individuals under section 62 of that Act (Release on licence etc.: electronic monitoring conditions), unless they are of a description specified in an order by the Secretary of State.

Article 3(a) sets out the description of persons who may be made responsible for the monitoring of individuals subject to an electronic monitoring condition on licence in England and Wales.

Article 3(b) sets out the persons who may be made responsible for the monitoring of individuals who are subject to Home Detention Curfew and have transferred to Scotland on the basis that they are to be treated as though they are still subject to the law of England and Wales (restricted transfer).

Article 3(a)(ii) sets out a new responsible person for the purposes of Section 62(2B) and the rest of Article 3 re-enacts the provisions of article 4 of the Criminal Justice (Electronic Monitoring) (responsible Person) (No. 2) Order 2014, which has now been revoked by article 4(a).

The responsibility of the person in the instrument listed in article 4(b) ends on 31 March 2018 and it has therefore not been consolidated into this order.

(1)

2000 c. 43. Section 62(2B) was inserted by section 7(2) of the Criminal Justice and Courts Act 2015 (c. 2).

(2)

1997 c. 43.

(3)

2003 c. 44.

(4)

S.I. 2014/669.

(5)

S.I. 2016/954.