Section 5C Conditions for imposing electronic monitoring requirementsF1

This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B.

The requirement may not be imposed in P’s absence.

If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.

A court may impose the requirement in relation to a relevant police area or areas only if—

For the purposes of subsection (4)—

• “relevant police area” means—

  1. (a)

     the police area in England or Wales in which it appears to the court that P resides or will reside, and

  2. (b)

     in a case where it is proposed to include in the order—

     1. (i)

        a requirement that P must remain, for specified periods, at a specified place, or

     2. (ii)

        a provision prohibiting P from entering a specified place or area,

     the police area in England or Wales in which the place or area proposed to be specified is situated;

• “specified” means specified in the order.