Electronic monitoring in Scotland: consultation on proposals for legislation

Part 6: Electronic Monitoring Equipment

Any electronic monitoring condition places a requirement on the monitored person not to damage or tamper with the electronic monitoring equipment. By doing so, the monitored person is breaching their order and is at risk of being recalled to custody or returned to court.

In some jurisdictions the responsibility on those electronically monitored goes further - those monitored are responsible for the upkeep and return of the electronic monitoring equipment with sanctions in place for failing to do so.

In Scotland there is provision within the contract for the return of the equipment and for the majority of individuals monitored, this provision is satisfactory. This requires the service provider to make arrangements with the monitored person to uplift the equipment at a time suitable to that person. However, in some instances the electronic monitoring service provider is unable to gain access, for example when the monitored person lives alone and is returned to custody. In these instances the equipment, in particular the monitoring unit, will remain at the address until such time as the person returns to that address or the landlord clears the property. This has a significant resource impact, both financial and staff time, for the electronic monitoring service provider.

There is no legal right for any agency to enter the address without the persons consent, however, if this consent is given it does not mitigate the potential risk to the agency entering the property in the absence of that person (these risks include accusation of theft, damage to contents etc.).

Question 14: Who should be responsible for the safe return of the monitoring equipment?

Question 14a: Should there be sanctions for not doing so?

Yes ▢ No ▢

Question 14b: If you answered yes, what do you consider these sanctions should be?

Question 14c: If the sole key holder to a property is not available should a legal right of access be given to Scottish Ministers (and their agents) to enter a property to recover their equipment?

Yes ▢ No ▢

Question 14d: If you answered yes, should this access only be via a court warrant?

Yes ▢ No ▢

Question 14e: Please include any further comments below