Management of Offenders and Sentencing Bill [HL]

House of Lords

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Management of Offenders and Sentencing Bill [HL]

Management of Offenders and Sentencing Bill [HL]
Schedule 8 — Electronic monitoring requirements for certain offenders
49

Schedule 8
Section 52

Electronic monitoring requirements for certain offenders
1
The Criminal Justice Act 2003 (c. 44) is amended as follows.
2
In section 177 (requirements which may be imposed by a community
order)—
5
(a)
in subsection (1), after paragraph (k) there is inserted—
“(ka)
a continuous monitoring requirement (as defined in
section 213A),”;
(b)
in subsections (3) and (4), for “an electronic” there is substituted “a
compliance” and for “215(2)” there is substituted “215A(1)”.
10
3
In section 182 (requirements which may be imposed by licence conditions in
a custody plus order), in subsections (3) and (4), for “an electronic” there is
substituted “a compliance” and for “215(2)” there is substituted “215A(1)”.
4
In section 190 (requirements which may be imposed by a suspended
sentence order)—
15
(a)
in subsection (1), after paragraph (k) there is inserted—
“(ka)
a continuous monitoring requirement (as defined in
section 213A),”;
(b)
in subsections (3) and (4), for “an electronic” there is substituted “a
compliance” and for “215(2)” there is substituted “215A(1)”.
20
5
In section 192(3)(b) (reviews of suspended sentence order) for “an
electronic” there is substituted “a compliance”.
6
In section 197(1) (meaning of “the responsible officer”), for paragraph (a)
there is substituted—
“(a)
in a case where the order—
25
(i)
imposes a curfew requirement or an exclusion
requirement, and
(ii)
imposes a compliance monitoring requirement, but
(iii)
does not include any other requirement mentioned in
section 177(1), 182(1) or 190(1) (as the case may
30
require) (other than a continuous monitoring
requirement included in a community order or
suspended sentence order),

the person who under section 215A(2) is responsible for the
electronic monitoring under the compliance monitoring
35
requirement;”.
7
After section 213 (supervision requirement) there is inserted—
“213A
Continuous monitoring requirement
(1)
In this Part “continuous monitoring requirement”, in relation to a
relevant order, means a requirement for securing the electronic
40
monitoring of the offender’s whereabouts (otherwise than for the
purpose of securing his compliance with other requirements
included in the order) during the period specified in the order.
(2)
The period specified in the order may not exceed six months.

Management of Offenders and Sentencing Bill [HL]
Schedule 8 — Electronic monitoring requirements for certain offenders
50

(3)
A court may not include a continuous monitoring requirement in the
order unless an officer of a local probation board has informed the
court that in his opinion the inclusion of such a requirement would
be suitable for the offender.”
8
In the cross-heading before section 215, at the end there is inserted “of
5
compliance with other requirements”.
9
In section 215 (electronic monitoring requirement)—
(a)
in the sidenote, for “Electronic” there is substituted “Compliance”;
(b)
in subsection (1), for “electronic” there is substituted “compliance”;
(c)
subsections (2) and (3) (which are superseded by section 215A) shall
10
cease to have effect;
(d)
in subsection (4), for “an electronic” there is substituted “a
compliance” and, in paragraph (c), for “subsection (2)(b)” there is
substituted “section 215A(1)(b)”.
10
Before section 216 (petty sessions area to be specified in relevant order) there
15
is inserted—
“215A
Electronic monitoring requirements: common provisions
(1)
Where—
(a)
it is proposed to include an electronic monitoring
requirement in a relevant order, but
20
(b)
there is a person (other than the offender) without whose co-
operation it will not be practicable to secure that the
monitoring takes place,

the requirement may not be included in the order without that
person’s consent.
25
(2)
A relevant order which includes an electronic monitoring
requirement must include provision for making a person responsible
for the monitoring.
(3)
The person who is made responsible for the monitoring must be of a
description specified in an order made by the Secretary of State.”
30
11    (1)
Section 218 (availability of arrangements in local area) is amended as
follows.
      (2)
In subsection (4), for “an electronic” there is substituted “a compliance” and,
in paragraph (b), for “those arrangements” there is substituted “the
arrangements currently available”.
35
      (3)
After subsection (8) there is inserted—
“(9)
A court may not include a continuous monitoring requirement in a
relevant order unless the court—
(a)
has been notified by the Secretary of State that electronic
monitoring arrangements are available in each relevant area;
40
and
(b)
is satisfied that the necessary provision for dealing with the
offender can be made under the arrangements currently
available.
(10)
For the purposes of subsection (9) an area is a relevant area if the
45
court considers that it will not be practicable to secure the electronic

Management of Offenders and Sentencing Bill [HL]
Schedule 8 — Electronic monitoring requirements for certain offenders
51

monitoring of the offender’s whereabouts unless suitable electronic
monitoring arrangements are available in that area.”
12
In section 223(d) (power to amend certain limits), after paragraph (d) there
is inserted—
“(e)
section 213A(2) (continuous monitoring requirement).”
5
13
In section 305 (interpretation of Part 12)—
(a)
after the definition of “community sentence” there is inserted—
“compliance monitoring requirement” has the meaning
given by section 215;
“continuous monitoring requirement” has the meaning
10
given by section 213A;”; and
(b)
in the definition of “electronic monitoring requirement”, for the
words from “in relation” to “215” there is substituted “means a
compliance monitoring requirement or a continuous monitoring
requirement;”.
15
14
In Schedule 8 (breach etc of community order) in paragraph 3(b), for “an
electronic” there is substituted “a compliance”.
15    (1)
Schedule 9 (transfer of community order to Scotland or Northern Ireland) is
amended as follows.
      (2)
In paragraph 1(2), for paragraph (g) (and the preceding “and”) there is
20
substituted—
“(fa)
a continuous monitoring requirement;
(g)
a compliance monitoring requirement.”
      (3)
In paragraph 2(3)—
(a)
after paragraph (c) there is inserted—
25
“(ca)
subsection (3) of section 215A (electronic monitoring
requirements: common provisions),”; and
(b)
in paragraph (d) for “subsection (4)” there is substituted “subsections
(4) and (9)”.
      (4)
Paragraph 2(5) shall cease to have effect.
30
      (5)
In paragraph 3(2), for paragraph (h) (and the preceding “and”) there is
substituted—
“(ga)
a continuous monitoring requirement;
(h)
a compliance monitoring requirement.”
      (6)
In paragraph 4(3)—
35
(a)
after paragraph (c) there is inserted—
“(ca)
subsection (3) of section 215A (electronic monitoring
requirements: common provisions),”; and
(b)
in paragraph (d) for “subsection (4)” there is substituted “subsections
(4) and (9)”.
40
      (7)
Paragraph 4(6) shall cease to have effect.
16
In paragraph 5(2)(b) of Schedule 10 (revocation or amendment of custody
plus orders and amendment of intermittent custody orders), for “an
electronic” there is substituted “a compliance”.

Management of Offenders and Sentencing Bill [HL]
Schedule 8 — Electronic monitoring requirements for certain offenders
52

17    (1)
Schedule 11 (transfer of custody plus orders and intermittent custody orders
to Scotland or Northern Ireland) is amended as follows.
      (2)
In paragraph 2(3), for paragraph (d) (and the preceding “and”) there is
substituted—
“(ca)
a continuous monitoring requirement;
5
(d)
a compliance monitoring requirement.”
      (3)
In paragraph 7(3)—
(a)
after paragraph (b) there is inserted—
“(ba)
subsection (3) of section 215A (electronic monitoring
requirements: common provisions),”; and
10
(b)
in paragraph (c) for “subsection (4)” there is substituted “subsections
(4) and (9)”.
      (4)
Paragraph 7(4) shall cease to have effect.
      (5)
In paragraph 9(3), for paragraph (e) (and the preceding “and”) there is
substituted—
15
“(da)
a continuous monitoring requirement;
(e)
a compliance monitoring requirement.”
      (6)
In paragraph 13(3)—
(a)
after paragraph (b) there is inserted—
“(ba)
subsection (3) of section 215A (electronic monitoring
20
requirements: common provisions),”; and
(b)
in paragraph (c) for “subsection (4)” there is substituted “subsections
(4) and (9)”.
      (7)
Paragraph 13(5) shall cease to have effect.
18
In Schedule 12 (breach or amendment of suspended sentence order and
25
effect of further conviction), in paragraph 15(2)(b) for “an electronic” there is
substituted “a compliance”.
19    (1)
Schedule 13 (transfer of suspended sentence orders to Scotland or Northern
Ireland) is amended as follows.
      (2)
In paragraph 1(2), for paragraph (g) (and the preceding “and”) there is
30
substituted—
“(fa)
a continuous monitoring requirement;
(g)
a compliance monitoring requirement.”
      (3)
In paragraph 4(3)—
(a)
after paragraph (c) there is inserted—
35
“(ca)
subsection (3) of section 215A (electronic monitoring
requirements: common provisions),”; and
(b)
in paragraph (d) for “subsection (4)” there is substituted “subsections
(4) and (9)”.
      (4)
Paragraph 4(5) shall cease to have effect.
40
      (5)
In paragraph 6(2), for paragraph (h) (and the preceding “and”) there is
substituted—
“(ga)
a continuous monitoring requirement;
(h)
a compliance monitoring requirement.”

Management of Offenders and Sentencing Bill [HL]
Schedule 9 — Electronic monitoring of persons released on bail etc
53

      (6)
In paragraph 9(3)—
(a)
after paragraph (c) there is inserted—
“(ca)
subsection (3) of section 215A (electronic monitoring
requirements: common provisions),”; and
(b)
in paragraph (d) for “subsection (4)” there is substituted “subsections
5
(4) and (9)”.
      (7)
Paragraph 9(6) shall cease to have effect.
20
In Schedule 14 (persons to whom copies of requirements to be provided in
particular cases), in the entry relating to an electronic monitoring
requirement, for “215(3)” there is substituted “215A(2)”.
10
21
Nothing in this Schedule affects a relevant order (within the meaning of Part
12 of the Criminal Justice Act 2003 (c. 44)) made in relation to an offence
committed before the commencement of this Schedule.
Schedule 9
Section 53

Electronic monitoring of persons released on bail etc
15
Electronic monitoring of persons released on bail
1
The Bail Act 1976 (c. 63) is amended as follows.
2
In section 3 (general provisions) for subsection (6ZAA) there is substituted—
“(6ZAA)
The requirements which may be imposed under subsection (6)
include electronic monitoring requirements.
20

The imposition of electronic monitoring requirements is subject to
section 3AA (in the case of a child or young person), section 3AB (in
the case of an adult) and section 3AC (in all cases).
(6ZAB)
In this section and sections 3AA to 3AC “electronic monitoring
requirements” means requirements imposed for the purpose of
25
securing the electronic monitoring of a person’s compliance with any
other requirement imposed on him as a condition of bail.”
3     (1)
Section 3AA (electronic monitoring of compliance with bail conditions) is
amended as follows.
      (2)
In the sidenote, for “of compliance with bail conditions” there is substituted
30
“requirements: children and young persons”.
      (3)
For subsection (1) there is substituted—
“(1)
A court may not impose electronic monitoring requirements on a
child or young person unless each of the following conditions is
satisfied.”
35
      (4)
For subsection (4) there is substituted—
“(4)
The third condition is that—
(a)
the court has been notified by the Secretary of State that
electronic monitoring arrangements for children and young

Management of Offenders and Sentencing Bill [HL]
Schedule 9 — Electronic monitoring of persons released on bail etc
54

persons are available in each local justice area which is a
relevant area; and
(b)
the court is satisfied that the necessary provision for dealing
with the person concerned can be made under the
arrangements currently available.”
5
      (5)
In subsection (5), for “such a requirement” there is inserted “electronic
monitoring requirements”.
      (6)
Subsections (6) to (10) and (12) (which are superseded by section 3AC) shall
cease to have effect.
4
After section 3AA there is inserted—
10
“3AB
Electronic monitoring requirements: adults
(1)
A court may not impose electronic monitoring requirements on a
person who has attained the age of seventeen unless each of the
following conditions is satisfied.
(2)
The first condition is that the court is satisfied that without the
15
electronic monitoring requirements the person would be refused
bail.
(3)
The second condition is that—
(a)
the court has been notified by the Secretary of State that
electronic monitoring arrangements for adults are available
20
in each local justice area which is a relevant area; and
(b)
the court is satisfied that the necessary provision for dealing
with the person can be made under the arrangements
currently available.
(4)
The third condition is that an officer of a local probation board has
25
informed the court that in his opinion the imposition of electronic
monitoring requirements will be suitable in the person’s case.
3AC
Electronic monitoring: general provisions
(1)
Where a court imposes electronic monitoring requirements as a
condition of bail, the requirements must include provision for
30
making a person responsible for the monitoring.
(2)
A person may not be made responsible for the electronic monitoring
of a person on bail unless he is of a description specified in an order
made by the Secretary of State.
(3)
The Secretary of State may make rules for regulating—
35
(a)
the electronic monitoring of persons on bail;
(b)
without prejudice to the generality of paragraph (a), the
functions of persons made responsible for such monitoring.
(4)
The rules may make different provision for different cases.
(5)
The power to make an order or rules under this section shall be
40
exercisable by statutory instrument subject to annulment in
pursuance of a resolution of either House of Parliament.
(6)
For the purposes of section 3AA or 3AB a local justice area is a
relevant area in relation to a proposed electronic monitoring

Management of Offenders and Sentencing Bill [HL]
Schedule 10 — Repeals
55

requirement if the court considers that it will not be practicable to
secure the electronic monitoring in question unless electronic
monitoring arrangements are available in that area.”
Electronic monitoring of persons remanded to local authority accommodation
5
In Section 23AA of the Children and Young Persons Act 1969 (electronic
5
monitoring of remand conditions) is amended as follows-
(a)
in subsection (4)(b), for “those arrangements” there is substituted
“the arrangements currently available”; and
(b)
in subsection (8) for ““Subsections (8) to (10) of section 3AA” there is
substituted “Subsections (4) to (6) of section 3AC”.
10
Schedule 10
Section 55

Repeals

Short title and chapter
Extent of repeal

Prison Act 1952 (c. 52)
In section 6(2), the words from “of whom” to the

end.

15

Bail Act 1976 (c. 63)
Section 3AA(6) to (10) and (12).

Race Relations Act 1976 (c.74)
In Part 2 of Schedule 1A, the entry relating to a

board of visitors for a prison.

Criminal Justice Act 1991 (c. 53)
In section 85, in subsection (2) the words

“Subject to subsection (3) below” and

20

subsection (3).

Criminal Justice and Public
Section 97(3).

Order Act 1994 (c. 33)
In Schedule 10, paragraph 68.

Freedom of Information Act
In Part 6 of Schedule 1, the entry relating to a

2000 (c. 36)
board of visitors for a prison.

25

Criminal Justice and Court
Section 2.

Services Act 2000 (c. 43)

Criminal Justice Act 2003 (c. 44)
Section 215(2) and (3).

In section 221(2), the words “aged under 25”.

In Schedule 9, paragraphs 2(5) and 4(6).

30

In Schedule 11, paragraphs 7(4) and 13(5).

In Schedule 13, paragraphs 4(5) and 9(6).