Electronic monitoring

Overview

Electronic monitoring is a robust tool for the Probation Service and the police to manage people on probation in the community and help reduce reoffending.

It provides insight into a person’s lifestyle, movements, associates and interests, and valuable data about where they spend their time when not at an Approved Premise or in contact with professionals.

The Electronic Monitoring Service (EMS) can provide assurances for the Probation Service and partners, and for the individual to be able to evidence their movements and compliance.

It can also alert us to potential breaches of licence, such as a breach of curfew or exclusion zone and to locate an individual should we have immediate concerns about their behaviour.

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Police, Crime, Sentencing and Courts (PCSC) Act – Key Changes

Changes that impact Electronic Monitoring and Probation

When: From 28 June 2022 (2 months after the Bill received Royal Assent)

Change 1:

Increase in daily curfew and maximum length for adult community sentences (ACS)

  • An increase in maximum daily curfew from 16 hrs to 20 hrs. Weekly max remains 112 hours (ACS only)
  • An increase in maximum length of curfew from 12 months to 2 years (for ACS only)

Aim/Benefit

  • To strengthen community sentences and make curfew options more flexible

Additional information

  • EPF will be updated to reflect these changes in Pre-Sentencing Report guidance

Change 2: Probation powers to shift start/end times and the address

  • Introduction of limited powers for Probation to shift start / end times of the curfew period/s within a 24-hour period only (the total curfew hours imposed may not be changed)  and the address (unless it would interfere with a residency requirement) for Adult Community Sentences.

Aims/Benefits

  • This measure will help to reduce pressure on Probation and courts by removing the requirement to return to court to vary a curfew time or address
  • It will also support effective supervision and reduce breaches

Additional Information

  • Probation will complete a Variation Notice to notify the sentencing court of the curfew changes and provide reassurance that the Person on Probation has given consent to these changes.
  • Changes to the boundary area of the address where a boundary has been stipulated are not in scope of the legislation, these will need to be returned to court.
  • If Probation refuse the request, the Person on Probation has the right to appeal the decision to the court
  • The changes also apply to non-electronically monitored curfews
  • All changes impacting Probation apply to those convicted on or after the commencement date of the relevant section of the Act (28 June 2022)

Electronic Monitoring Acquisitive Crime project

The Acquisitive Crime project introduces a new compulsory licence condition.

This imposes GPS trail monitoring for adult offenders convicted of acquisitive crimes (burglary, robbery, theft) for which they are serving standard determinate sentences of 12 months and over.

Offenders residing in participating Police Force Areas (PFA) are required to wear a location monitoring (GPS) tag so their whereabouts can be monitored for up to a maximum of 12 months.

HMPPS has introduced further support to help manage these offenders and these tools will continue to be enhanced as the project progresses. A self-service portal enables offender managers to:

  • review an offender’s movements on an interactive map
  • access to a dashboard which provides a summary of any tag non-compliances

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