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1.—(1) This Order may be cited as the Compulsory Electronic Monitoring Licence Condition Order 2021 and comes into force on 12th April 2021.
(2) In this Order—
“the 2003 Act” means the Criminal Justice Act 2003(1);
“qualifying offender” means a person described in Article 2;
“specified area” means a police area(2) specified in Schedule 1;
“specified period” means the period described in Article 4.
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)(3), released on licence on or after the commencement of this Order;
(b)is serving a sentence of imprisonment—
(i)for a determinate term of 12 months or more subject to release on licence under section 244 of the 2003 Act (duty to release prisoners)(4);
(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 term;
(c)from any release, will be on licence for a period of 30 days or more;
(d)is required to reside on licence at an address 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.
3. An electronic monitoring condition must be included in the licence of a qualifying offender for the specified period.
4. The specified period—
(a)commences on the date a qualifying offender is first released on licence pursuant to—
(i)section 244 of the 2003 Act;
(ii)section 246 of the 2003 Act (power to release prisoners on licence before required to do so)(5); or
(iii)sections 255B, 255C or 256A of the 2003 Act (further release after recall)(6); and
(b)continues to the earlier of—
(i)any of the conditions described in Article 2 not being met;
(ii)the end of sentence; or
(iii)12 months from the date of first release referred to in paragraph (a), excluding any period where the qualifying offender is no longer released on licence.
Kit Malthouse
Minister of State
Ministry of Justice
15th March 2021
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