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The Compulsory Electronic Monitoring Licence Condition Order 2021

S.I. 2021/330 · Made 15 March 2021 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 2 September 2026.

Criminal Law, England And Wales

Made 15th March 2021

Laid before Parliament 17th March 2021

Coming into force 12th April 2021

The Secretary of State, in exercise of the powers conferred by sections 62A(1), (2) and (3) and 76(3) of the Criminal Justice and Court Services Act 2000f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2000 c. 43. Section 62A was inserted by section 7(3) of the Criminal Justice and Courts Act 2015 (c. 2).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Qualifying offender
  3. 3Compulsory electronic monitoring condition
  4. 4Specified period
  5. Signature
  6. Schedule 1: Specified Areas
  7. 1Paragraph 1
  8. 2Paragraph 2
  9. 3Paragraph 3
  10. 4Paragraph 4
  11. 5Paragraph 5
  12. 6Paragraph 6
  13. 7Paragraph 7
  14. 8Paragraph 8
  15. 9Paragraph 9
  16. 10Paragraph 10
  17. 11Paragraph 11
  18. 12Paragraph 12
  19. 13Paragraph 13
  20. 14Paragraph 14
  21. 15Paragraph 15
  22. 16Paragraph 16
  23. 17Paragraph 17
  24. 18Paragraph 18
  25. 19Paragraph 19
  26. Schedule 2: Specified Offences
  27. 1Paragraph 1
  28. 2Paragraph 2
  29. 3Paragraph 3
  30. 4Paragraph 4
  31. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Compulsory Electronic Monitoring Licence Condition Order 2021 and comes into force on 12th April 2021.

(2)

In this Order—

  • “the 2003 Act” means the Criminal Justice Act 2003f1;

  • “qualifying offender” means a person described in Article 2;

  • “specified area” means a police areaf2 specified in Schedule 1;

  • “specified period” means the period described in Article 4.

2Qualifying offenderI1

This Order applies to a person who—

(a)

is a fixed-term prisoner, within the meaning of section 237(1) of the 2003 Act (meaning of fixed-term prisoner)f1, released on licence on or after the commencement of this Order;

(b)

is serving a sentence of imprisonment—

(i)

for a determinate term of F190 days or more subject to release on licence under section 244 of the 2003 Act (duty to release prisoners)f2;

(ii)

in respect of an offence specified in Schedule 2; and

(iii)

in the case of a person serving two or more sentences of imprisonment, that sentence is the longest F2or equal longest term;

(c)

from any release, will be on licence for a period of 30 days or more;

(d)

is required to reside on licence F3... within a specified area;

(e)

has not previously had an electronic monitoring condition included in any licence in respect of the same sentence in accordance with this Order for the specified period; and

(f)

to the satisfaction of the Secretary of State, is not otherwise unsuitable for electronic monitoring.

3Compulsory electronic monitoring conditionI1

An electronic monitoring condition must be included in the licence of a qualifying offender for the specified period.

4Specified periodI1

The specified period—

(a)

commences on the date a qualifying offender is first released on licence pursuant to—

(i)

section 244 of the 2003 Act;

(ii)

section 246 of the 2003 Act (power to release prisoners on licence before required to do so)f1; or

(iii)

sections 255B, 255C or 256A of the 2003 Act (further release after recall)f2; and

(b)

continues to the earlier of—

(i)

any of the conditions described in Article 2 not being met;

F1(ii)

the date on which supervision of the licence is suspended; or

(iii)

12 months from the date of first release referred to in paragraph (a), excluding any period where the qualifying offender is no longer released on licence.

Signature

Kit Malthouse

Minister of State

Ministry of Justice

1I1

Avon and Somerset

2I1

Cheshire

3I1

Gloucestershire

4I1

Gwent

5I1

Humberside

6I1

West Midlands

7F1

Bedfordshire

8F1

City of London police area

9F1

Cumbria

10F1

Derbyshire

11F1

Durham

12F1

Essex

13F1F2

Hampshire and Isle of Wight

14F1

Hertfordshire

15F1

Kent

16F1

Metropolitan police district

17F1

North Wales

18F1

Nottinghamshire

19F1

Sussex

1I1

An offence under section 1 of the Theft Act 1968f1 of—

(a)

theft from the person of another;

(b)

theft from a motor vehicle;

(c)

theft from a vehicle other than a motor vehicle;

(d)

theft of a motor vehicle other than aggravated vehicle taking under section 12Af2 of that Act.

2I1

An offence under section 8 of that Act (robbery or assault with intent to rob).

3I1

An offence under section 9f1 of that Act (burglary).

4I1

An offence under section 10 of that Act (aggravated burglary).

Explanatory note

(This note is not part of the Order)

This Order requires an electronic monitoring condition to be included in the licence of persons described in the Order pursuant to section 62A of the Criminal Justice and Court Services Act 2000 (c. 43) (“the 2000 Act”).

Article 2 of this Order describes the persons to which it applies (defined in Article 1 as a “qualifying offender”), by reference to: the date of release; the type, length and release provisions of sentence; the offence (limited to those listed in Schedule 2); the period on licence following release; whether required to reside on licence at an address within a specified police area (limited to those listed in Schedule 1); previous inclusion of an electronic monitoring condition in accordance with the Order; and whether, to the satisfaction of the Secretary of State, the person is not otherwise unsuitable for electronic monitoring.

Article 3 of this Order requires that an electronic monitoring condition must be included in the licence of a qualifying offender. An “electronic monitoring condition” is defined in section 62 of the 2000 Act.

Article 4 of this Order specifies the date from when the electronic monitoring condition will be included in a qualifying offender’s licence and the period that such condition will remain in the licence.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk.