# Sentencing Act 2020, Paragraph 35


A court may not include an electronic whereabouts monitoring requirement in a relevant order in respect of an offender unless—
(a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),
(b) the court is satisfied that—
(i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and
(ii) any other necessary provision can be made under those arrangements, and
(c) the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

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Source: https://www.legislation.gov.uk/ukpga/2020/17/schedule/9/paragraph/35 (the official version)
Page: https://openlegislation.uk/sentencing-act-2020/schedule-9/paragraph-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.