Legislation – Border Security, Asylum and Immigration Act 2025

“Electronic monitoring requirements

5BElectronic monitoring requirements

(1)

A serious crime prevention order made by a court in England and Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order.

(2)

A requirement imposed under subsection (1) is referred to in this Part as an “electronic monitoring requirement”.

(3)

A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.

(4)

The person specified under subsection (3) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.

(5)

Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)—

(a)

submit, as required from time to time by the responsible person, to—

(i)

being fitted with, or the installation of, any necessary apparatus, and

(ii)

the inspection or repair of any apparatus fitted or installed for the purpose of the monitoring;

(b)

not interfere with, or with the working of, any apparatus fitted or installed for the purpose of the monitoring;

(c)

take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring.

These obligations have effect as requirements of the order.

(6)

A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period).

5CConditions for imposing electronic monitoring requirements

(1)

This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B.

(2)

The requirement may not be imposed in P’s absence.

(3)

If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.

(4)

A court may impose the requirement in relation to a relevant police area or areas only if—

(a)

it has been notified by the Secretary of State that electronic monitoring arrangements are available in the area or areas, and

(b)

it is satisfied that the necessary provision can be made under the arrangements currently available.

(5)

For the purposes of subsection (4)—

“relevant police area” means—

(a)

the police area in England or Wales in which it appears to the court that P resides or will reside, and

(b)

in a case where it is proposed to include in the order—

1. (i)

   a requirement that P must remain, for specified periods, at a specified place, or

2. (ii)

   a provision prohibiting P from entering a specified place or area,

the police area in England or Wales in which the place or area proposed to be specified is situated;

“specified” means specified in the order.

5DData from electronic monitoring: code of practice

(1)

The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders.

(2)

A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.”

“(9)

But, in the case of an order made by a court in England and Wales, the High Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.”

“(8)

But, in the case of an order made by a court in England and Wales, the Crown Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.”

“(7A)

But, in the case of an order made by a court in England and Wales, the Crown Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.”