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The Electronic Monitoring (Responsible Persons) Order 2018

S.I. 2018/212 · Made 20 February 2018 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 30 April 2024.

Criminal Law, England And Wales

Made 20th February 2018

Laid before Parliament 22nd February 2018

Coming into force

for all purposes except for article 4(b) 15th March 2018

for article 4(b) 1st April 2018

The Secretary of State, in exercise of the powers conferred by section 62(2B), 76(3) and 77 of the Criminal Justice and Court Services Act 2000 M1, makes the following Order.

Annotations to the whole text

Marginal citations

M1

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

Contents

  1. 1Citation and Commencement
  2. 2Article 2
  3. 3Responsible persons for the purposes of section 62(2B) of the Criminal Justice and Court Services Act 2000
  4. 4Revocations
  5. Signature
  6. Explanatory note

1Citation and Commencement

This Order may be cited as the Electronic Monitoring (Responsible Persons) Order 2018.

2

This Order comes into force on 15th March 2018 except for the purposes of article 4(b) which comes into force on 1st April 2018.

3Responsible persons for the purposes of section 62(2B) of the Criminal Justice and Court Services Act 2000

For the purposes of section 62(2B) of the Criminal Justice and Court Services Act 2000, the description of the persons who may be made responsible for the monitoring of individuals subject to electronic monitoring—

(a)

whilst on licence is one who is employed by—

(i)

Capita Business Services Limited, 71 Victoria Street, Westminster, London SW1H 0XA (Company Number 02299747);

F1(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

Buddi Limited, Talbot House, 17 Church Street, Rickmansworth, Hertfordshire, WD3 1DE (Company Number 05308826).

F2(iv)

Serco Limited, Serco House, 16 Bartley Wood Business Park, Bartley Way, Hook, Hampshire, RG27 9UY (Company number 00242246).

(b)

whilst subject to a restricted transfer to Scotland under Schedule 1 to the Crime (Sentences) Act 1997 M1, who is released on Home Detention Curfew under section 246 of the Criminal Justice Act 2003 M2, is one employed by F3G4S Care and Justice Services (UK) Limited, 6th Floor 50 Broadway, London, SW1H 0DB (Company Number 00390328).

4RevocationsI1

The following are revoked—

(a)

article 4 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014 M1;

(b)

the Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2016 M2.

Signature

Rory Stewart

Minister of State

Ministry of Justice

Explanatory note

(This note is not part of the Order)

Section 62(2B) of the Criminal Justice and Services Act 2000 (c. 43) provides that a person may not be made responsible for the monitoring of individuals under section 62 of that Act (Release on licence etc.: electronic monitoring conditions), unless they are of a description specified in an order by the Secretary of State.

Article 3(a) sets out the description of persons who may be made responsible for the monitoring of individuals subject to an electronic monitoring condition on licence in England and Wales.

Article 3(b) sets out the persons who may be made responsible for the monitoring of individuals who are subject to Home Detention Curfew and have transferred to Scotland on the basis that they are to be treated as though they are still subject to the law of England and Wales (restricted transfer).

Article 3(a)(ii) sets out a new responsible person for the purposes of Section 62(2B) and the rest of Article 3 re-enacts the provisions of article 4 of the Criminal Justice (Electronic Monitoring) (responsible Person) (No. 2) Order 2014, which has now been revoked by article 4(a).

The responsibility of the person in the instrument listed in article 4(b) ends on 31 March 2018 and it has therefore not been consolidated into this order.