The electronic whereabouts monitoring requirement is a requirement for the offender to submit to electronic monitoring of their whereabouts (other than for the purpose of monitoring compliance with any other requirement included in the order) during a period specified in the order. The electronic compliance monitoring requirement is imposed to monitor compliance with another requirement on an order.
Volume/length range: Up to 2 years.
The electronic whereabouts monitoring requirement may be imposed without the imposition of another requirement and involves monitoring an offender’s whereabouts with the imposition of a GPS tag, save for circumstances in which the consent of a person whose co-operation is required is withheld.
Where the court makes a relevant order imposing a curfew requirement or exclusion requirement it must also impose an electronic compliance monitoring requirement for monitoring compliance with it, save where:
- there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring and that person does not consent; and/or
- electronic monitoring is unavailable and/or impractical; and/or
- in the particular circumstances of the case, the court considers it inappropriate to do so.
The court must ensure safeguarding and domestic abuse enquiries are carried out on any proposed curfew address to ensure the accommodation is suitable, others will not be put at risk and the homeowner agrees to the curfew, particularly where vulnerable adults and children are involved. Ordinarily this is a function performed by Probation.