Article 2 Qualifying offenderI1

England and Wales

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.

Annotations

Textual amendments

F1: Words in art. 2(b)(i) substituted (26.10.2022) by The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2022 (S.I. 2022/1019), arts. 1(1), 2(2)
F2: Words in art. 2(b)(iii) inserted (29.9.2021) by The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2021 (S.I. 2021/999), arts. 1(1), 2(2)(a) (with art. 1(3))
F3: Words in art. 2(d) omitted (29.9.2021) by virtue of The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2021 (S.I. 2021/999), arts. 1(1), 2(2)(b) (with art. 1(3))

Commencement

I1: Art. 2 in force at 12.4.2021, see art. 1(1)

Footnotes

f1: Section 237(1) has been amended by paragraph 219 of Schedule 16 to the Armed Forces Act 2006 (c. 52), section 117(2) of, and paragraph 2 of Schedule 20, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 2(3) of the Offender Rehabilitation Act 2014 (c. 11), paragraph 15(2) of Schedule 1 to the Criminal Justice and Courts Act 2015 (c. 2) and paragraph 218(1) and (2) of Schedule 24 to the Sentencing Act 2020 (c. 17).
f2: Section 244 has been amended by sections 114(2) and 125(2) of, and paragraph 21 of Schedule 10, paragraph 6 of Schedule 14 and paragraph 2 of Schedule 17 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 9(2) of, and paragraph 18 of Schedule 3 to, the Offender Rehabilitation Act 2014 (c. 11), paragraph 5 of Schedule 1 to the Criminal Justice and Courts Act 2015 (c. 2) and section 2(3) of the Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3); and modified by S.I. 2020/158.