Electronic monitoring in Scotland: consultation on proposals for legislation

Annex C: Electronic Monitoring Expert Working Group Recommendations

Recommendation 1-Technology: Introduction of GPS technology and a demonstration project to look at how Alcohol Monitoring technology could be used.

Recommendation 2-Future Service delivery: Electronic monitoring should be part of a wider package of support, be more integrated and tailored to reflect the personal circumstances of each monitored person.

Recommendation 3-Goal-Oriented and Person-Centred Approach: To help achieve Recommendation 2, a demonstration project should be undertaken to determine what 'support' may comprise of, how it is best delivered and the associated resource implications.

Recommendation 4-Compliance: Effective structures and criteria should be in place to support compliance and manage non-compliance and to ensure non-compliance reporting is more consistent.

Recommendation 5-Future uses: There is scope to extend the use of electronic monitoring within a community setting where a risk and need assessment indicates it is appropriate. These include:

• community re-integration following prison;
• alternative to remand;
• alternative to short prison sentences;
• voluntary scheme for persistent offenders;
• alternative to secure care for young people;
• alternative to fines;
• condition of a Sexual Offences Prevention Order; and
• condition of a Risk of a Sexual Harm Order.

Recommendation 6-Within the custodial estate: For those in custody, electronic monitoring could be utilised on some occasions for work placement, home leave and future female community custody units in order to help prepare for release from prison.

Recommendation 7-Legislative Changes: Amendments to primary legislation will be necessary to enable all of the recommended future uses. In addition, the Expert Working Group recommends:

• removing section 16 and 17 Statutory Exclusions for HDC;
• electronic monitoring as a requirement of a Community Payback Order;
• introducing legislative changes to allow for the introduction of GPS technology, including amendments to Data Protection legislation;
• enabling legislation to provide for a demonstration project on Alcohol Monitoring technology; and
• redefining an RLO as a standard standalone community sentence as opposed to an alternative to custody.

Recommendation 8-Ownership of Electronic Monitoring: Statutory and non-statutory organisations should be invited to draft their own statement of intent around the use of electronic monitoring going forward.