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Section 395 Data from electronic monitoring: code of practiceI1C1C2C3

(1)

The Secretary of State must issue a code of practice relating to processing of data gathered in the course of electronic monitoring of offenders underF1—

(a)

electronic compliance monitoring requirements and electronic whereabouts monitoring requirements imposed by youth rehabilitation orders, and

(b)

electronic monitoring requirements imposed by community orders and suspended sentence orders.

(2)

A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

Annotations

Textual amendments

F1

Words in s. 395(1) inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 9; S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))

Modifications

C1

S. 395 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2

S. 395 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C3

S. 395 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement

I1

S. 395 in force at 1.12.2020 by S.I. 2020/1236, reg. 2