Explanatory note

The Management of Offenders (Scotland) Act 2019 (“the 2019 Act”) makes provision allowing the courts when making certain disposals to require a person to submit to electronic monitoring of their compliance with a condition of their disposal. The Scottish Ministers can do the same for an individual being released from custody on licence. Section 8 of the 2019 Act gives the Scottish Ministers the power by regulations to prescribe “approved devices” which can be used for electronic monitoring. The types of electronic devices which are approved devices are prescribed in the Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020. Section 9 of the 2019 Act gives the Scottish Ministers the power to make provision about how approved devices may be used and how information obtained through that use may be used. The Electronic Monitoring (Use of Devices and Information) (Scotland) Regulations 2025 (“the 2025 Regulations”) do that.

These Regulations amend the 2025 Regulations to add a new set of circumstances in which a GPS enabled approved device may be used to monitor a person’s compliance with a condition or requirement imposed on them by a court.

Regulation 2 limits the use of GPS enabled approved devices in respect of court disposals to sheriffs, summary sheriffs and the sheriff principal of the Sheriffdom of Tayside, Central and Fife. Paragraph (4)(a) to be inserted into regulation 2 of the 2025 Regulations by regulation 2(3) of these Regulations only refers to “sheriff” but this word is to be read in accordance with sections 134 and 136 of the Courts Reform (Scotland) Act 2014 so as to include the summary sheriffs and sheriff principal of the Sheriffdom. The devices may only be used when the sheriffs, summary sheriffs or the sheriff principal of that Sheriffdom require a person aged 18 or over to submit to monitoring in relation to their compliance with a condition imposed on them when they are, or have been, granted bail.

Regulation 2(4) amends regulation 4(b) of the 2025 Regulations. This slightly widens the purposes for which the Scottish Ministers, or a person acting on their behalf, may share information obtained through monitoring a person by means of an approved device. Currently sub-paragraph (iv) allows the Scottish Ministers, or a person acting on their behalf, to share the information for the purposes of the provision by a local authority of supervision, advice and guidance in relation to the monitored person. This amendment will widen that purpose to allow information to shared for the purposes of local authorities making reports in respect of the monitored person available to a court, a procurator fiscal or the Lord Advocate (in her role as head of the system of prosecutions in Scotland and in practice through the Crown Office and Procurator Fiscal Service) in addition to the provision of supervision, advice and guidance services.