Electronic monitoring: uses, challenges and successes

The use of electronic monitoring along the justice pathway 

The current use of EM in Scotland 

EM was introduced in Scotland in 1998 for the purpose of monitoring compliance with RLOs and has been used nationally since 2002.^[13]   

There are three types of technologies used in electronic monitoring: Radio Frequency (RF), Global Positioning System (GPS) and Remote Alcohol Monitoring (RAM).

RF monitoring is the only type of EM currently used in Scotland. In Scotland electronic Monitoring (EM) is used as a unilateral^[14] measure, primarily intended to monitor the offender to ensure they adhere to the conditions of order or licence. Offenders may be restricted to a place, from a place, or both to and from places under the conditions of EM.

EM is used most often for a diverse range of offences including theft, assault, sexual offences, fraud, wilful fire-raising and offences under the Criminal Justice and Licensing (Scotland) Act 2010.^[15]  

In Scotland, electronic monitoring can be used for the following order and licence types:

a) Restriction of Liberty Order (RLO);
b) Home Detention Curfew, including cross-border releases (HDC);
c) As a condition of a Parole or a non-Parole License;
d) A Movement Restriction Condition, applied as part of an Intensive Support and Monitoring Service made by a Children’s Panel (MRC);
e) A Restricted Movement Requirement as part of a Community Payback Order (RMR) or breach of a Community Payback Order;
f) A Requirement Restricting Movement as part of a Drug Treatment & Testing Order (DTTO);
g) As a condition of a Sexual Offences Prevention Order (SOPO);
h) As a condition of a Sexual Harm Prevention Order (SHPO);
i) As a condition of Temporary Release licence from Prison (which may include Home Leave).
j) As part of a Supervised Release Order (SRO).^[16]

Restriction of Liberty Orders

In Scotland, Restriction of Liberty Orders (RLOs) and Home Detention Curfews (HDCs) are the two most commonly used forms of EM.^[17] 

Restriction of Liberty Orders (RLOs) are imposed for periods of up to one year, and involve restricting an individual to a specified place for up to 12 hours per day and/or from a specified place for up to 24 hours per day. 

Criminal proceedings data for the period 2017-18 shows that 2,691 people were sentenced to a RLO. This compares with 13,601 sentenced to a community payback order (CPO). 11,973 people were given a custodial sentence and 287 of those were sentenced to a supervised release order. RLOs have been more widely used over the past decade with the numbers more than doubling from 1,143 in 2008-09 to 2,691 in 2017-18. 

In the most recently available year (2015-16) the reconviction rate for RLOs was 33.9% and the average number of reconvictions per offender was 0.58. These figures for reconvictions are much lower than they were a decade ago, with the average number of reconvictions for RLOs decreasing by 46% from 1.07 in 2006-07. In comparison to RLOs, in 2015-16 the reconviction rate for short custodial sentences of under 3 months was 58.5% and for sentences under 1 year it was 51.0%. 

Appendix 1 contains the table detailing the reconviction rates.

Home Detention Curfews (HDC)

HDCs were introduced in Scotland in 2006. Prisoners serving less than four years imprisonment were eligible to apply for early release on home detention. In 2008 the scheme was expanded to include long term prisoners who were recommended by the Parole Board. The decision to release on HDC and the assessment process for determining eligibility and the recall process are carried out by the Scottish Prison Service. 

Other uses of EM in Scotland

EM is also used in Scotland by the Children’s Hearing System in the form of Movement Restriction Conditions (MRCs) for young people. These orders are used when young people are at severe risk, as an alternative to secure care, and as a measure to assist the transition from secure care into the community.