Qualifying offender
2
This Order applies to a person who—
a
is a fixed-term prisoner, within the meaning of section 237(1) of the 2003 Act (meaning of fixed-term prisoner) , released on licence on or after the commencement of this Order;
b
is serving a sentence of imprisonment—
i
for a determinate term of 90 days or more subject to release on licence under section 244 of the 2003 Act (duty to release prisoners) ;
ii
in respect of an offence specified in Schedule 2; and
iii
in the case of a person serving two or more sentences of imprisonment, that sentence is the longest or equal longest term;
c
from any release, will be on licence for a period of 30 days or more;
d
is required to reside on licence ... within a specified area;
e
has not previously had an electronic monitoring condition included in any licence in respect of the same sentence in accordance with this Order for the specified period; and
f
to the satisfaction of the Secretary of State, is not otherwise unsuitable for electronic monitoring.
Section 237(1) has been amended by paragraph 219 of Schedule 16 to the Armed Forces Act 2006 (c. 52), section 117(2) of, and paragraph 2 of Schedule 20, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 2(3) of the Offender Rehabilitation Act 2014 (c. 11), paragraph 15(2) of Schedule 1 to the Criminal Justice and Courts Act 2015 (c. 2) and paragraph 218(1) and (2) of Schedule 24 to the Sentencing Act 2020 (c. 17).
Section 244 has been amended by sections 114(2) and 125(2) of, and paragraph 21 of Schedule 10, paragraph 6 of Schedule 14 and paragraph 2 of Schedule 17 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 9(2) of, and paragraph 18 of Schedule 3 to, the Offender Rehabilitation Act 2014 (c. 11), paragraph 5 of Schedule 1 to the Criminal Justice and Courts Act 2015 (c. 2) and section 2(3) of the Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3); and modified by S.I. 2020/158.
Art. 2 in force at 12.4.2021, see art. 1(1)
Words in art. 2(b)(iii) inserted (29.9.2021) by The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2021 (S.I. 2021/999), arts. 1(1), 2(2)(a) (with art. 1(3))
Words in art. 2(d) omitted (29.9.2021) by virtue of The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2021 (S.I. 2021/999), arts. 1(1), 2(2)(b) (with art. 1(3))
Words in art. 2(b)(i) substituted (26.10.2022) by The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2022 (S.I. 2022/1019), arts. 1(1), 2(2)