2021 No. 330
Criminal Law, England And Wales

The Compulsory Electronic Monitoring Licence Condition Order 2021

Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 62A(1), (2) and (3) and 76(3) of the Criminal Justice and Court Services Act 20001, makes the following Order:

Citation, commencement and interpretation1.

(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 20032;

“qualifying offender” means a person described in Article 2;

“specified area” means a police area3 specified in Schedule 1;

“specified period” means the period described in Article 4.

Annotations:
Commencement Information

I1Art. 1 in force at 12.4.2021, see art. 1(1)

Qualifying offender2.

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)4, released on licence on or after the commencement of this Order;

(b)

is serving a sentence of imprisonment—

(i)

for a determinate term of F190 days or more subject to release on licence under section 244 of the 2003 Act (duty to release prisoners)5;

(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 F2or 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 F3... 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.

Compulsory electronic monitoring condition3.

An electronic monitoring condition must be included in the licence of a qualifying offender for the specified period.

Annotations:
Commencement Information

I3Art. 3 in force at 12.4.2021, see art. 1(1)

Specified period4.

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)6; or

(iii)

sections 255B, 255C or 256A of the 2003 Act (further release after recall)7; 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.

Annotations:
Commencement Information

I4Art. 4 in force at 12.4.2021, see art. 1(1)

Kit Malthouse
Minister of State
Ministry of Justice

SCHEDULE 1Specified Areas

Article 1(2)

1.

Avon and Somerset

Annotations:
Commencement Information

I5Sch. 1 para. 1 in force at 12.4.2021, see art. 1(1)

2.

Cheshire

Annotations:
Commencement Information

I6Sch. 1 para. 2 in force at 12.4.2021, see art. 1(1)

3.

Gloucestershire

Annotations:
Commencement Information

I7Sch. 1 para. 3 in force at 12.4.2021, see art. 1(1)

4.

Gwent

Annotations:
Commencement Information

I8Sch. 1 para. 4 in force at 12.4.2021, see art. 1(1)

5.

Humberside

Annotations:
Commencement Information

I9Sch. 1 para. 5 in force at 12.4.2021, see art. 1(1)

6.

West Midlands

Annotations:
Commencement Information

I10Sch. 1 para. 6 in force at 12.4.2021, see art. 1(1)

F47.

Bedfordshire

8.

City of London police area

9.

Cumbria

10.

Derbyshire

11.

Durham

12.

Essex

F513.

Hampshire and Isle of Wight

14.

Hertfordshire

15.

Kent

16.

Metropolitan police district

17.

North Wales

18.

Nottinghamshire

19.

Sussex

SCHEDULE 2Specified Offences

Article 2(b)(ii)

1.

An offence under section 1 of the Theft Act 19688 of—

(a)

theft from the person of another;

(b)

theft from a motor vehicle;

(c)

theft from a vehicle other than a motor vehicle;

(d)

theft of a motor vehicle other than aggravated vehicle taking under section 12A9 of that Act.
Annotations:
Commencement Information

I11Sch. 2 para. 1 in force at 12.4.2021, see art. 1(1)

2.

An offence under section 8 of that Act (robbery or assault with intent to rob).

Annotations:
Commencement Information

I12Sch. 2 para. 2 in force at 12.4.2021, see art. 1(1)

3.

An offence under section 910 of that Act (burglary).
Annotations:
Commencement Information

I13Sch. 2 para. 3 in force at 12.4.2021, see art. 1(1)

4.

An offence under section 10 of that Act (aggravated burglary).

Annotations:
Commencement Information

I14Sch. 2 para. 4 in force at 12.4.2021, see art. 1(1)

EXPLANATORY NOTE
(This note is not part of the Order)

This Order requires an electronic monitoring condition to be included in the licence of persons described in the Order pursuant to section 62A of the Criminal Justice and Court Services Act 2000 (c. 43) (“the 2000 Act”).

Article 2 of this Order describes the persons to which it applies (defined in Article 1 as a “qualifying offender”), by reference to: the date of release; the type, length and release provisions of sentence; the offence (limited to those listed in Schedule 2); the period on licence following release; whether required to reside on licence at an address within a specified police area (limited to those listed in Schedule 1); previous inclusion of an electronic monitoring condition in accordance with the Order; and whether, to the satisfaction of the Secretary of State, the person is not otherwise unsuitable for electronic monitoring.

Article 3 of this Order requires that an electronic monitoring condition must be included in the licence of a qualifying offender. An “electronic monitoring condition” is defined in section 62 of the 2000 Act.

Article 4 of this Order specifies the date from when the electronic monitoring condition will be included in a qualifying offender’s licence and the period that such condition will remain in the licence.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk.