Electronic monitoring in Scotland: consultation on proposals for legislation

The Ambition

We are committed to making electronic monitoring more person-centred and better integrated with other community justice interventions: tailored to the needs, risk and circumstances of the individual whilst supporting public protection and the protection of victims.

In considering the recommendations of the Electronic Monitoring Expert Working Group we will continue to work with partners to ensure the voice of those in the justice system and victims of crime are reflected in the new electronic monitoring strategy. Moving from viewing electronic monitoring purely as a form of punishment or control to one which also seeks to support the rehabilitation of the individual will require partners to work more closely together to both prevent and reduce further offending and to support public protection.

In addition to this consultation and impending legislative changes, some of the recommendations from the Working Group do not require legislation and can be taken forward separately, laying the foundations for the implementation of the new legislative proposals.

Demonstration Project

Giving people the support they need to desist and break the cycle of further offending can add value to our communities.

To help achieve the Working Group's vision of electronic monitoring being part of a wider, more integrated and individually tailored package of support a demonstration project will be undertaken in 2017. This project will help to determine what 'support' will comprise of, how it is best delivered and the associated resource implications.

Compliance

Effective management of compliance is a factor that can be critical to the successful completion of an electronic monitoring curfew period. Some instances of non-compliance should be seen as an opportunity for the individual to understand their responsibilities and to learn something that could help them to progress. Working with the individual and providing a more consistent response to the different causes of non-compliance can enable a gradated and tailored response.

Ensuring that effective structures and criteria are in place to support compliance and manage non-compliance is therefore crucial to contributing to a long term reduction in further offending.

The Working Group recognised that partners will need to work more closely to implement any new approach. This partnership working should ensure a consistent approach to the management of compliance and non-compliance including setting up a response framework. This new response framework will be progressed in 2017.