Electronic Monitoring

Electronic Monitoring can be both a requirement and a way in which other requirements are enforced. There are three forms of Electronic Monitoring (EM) available in all courts in England and Wales, all of which use a tag which is fitted to the individual’s ankle:

  • Curfew monitoring using a Radio Frequency (RF) tag
  • Location monitoring using a satellite enabled (GPS) tag. This can be used to monitor one or more of the following:
    • compliance with exclusion requirements (i.e. not to enter a specific location or address)
    • attendance at a particular activity such as an education programme
    • a person’s whereabouts, known as ‘trail monitoring’. Where trail monitoring is imposed, the Probation Practitioner is given retrospective access to a person’s movements for any given period. Trail Monitoring is not available for court bail, or as a sentencing option for under-18s
    • compliance with a curfew requirement (where imposed alongside one of the above uses)
  • Alcohol monitoring using a transdermal tag. This is currently used to monitor compliance with an Alcohol Abstinence and Monitoring Requirement (AAMR)

Electronic Monitoring Services provide both field (equipment installation and removal) and monitoring services, for curfew and location monitoring, and will notify the Probation Practitioner of any breach. EM is a flexible tool which may be used in a variety of contexts, including reducing the risk of absconding, further offending and interfering with witnesses as well supporting the fair administration of justice.

  • It can promote the purposes of sentencing, namely punishment, rehabilitation, deterrence, public protection and reparation
  • Conditions should be tailored to individual circumstances where necessary and appropriate
  • Can be flexibly applied dependent on offence, individual demographic and the circumstances of the case
  • Can support rehabilitation if used in a targeted way
  • Can deter offending and help break the cycle of offending
  • Can be deployed flexibly to support defendants to maintain family ties and work commitments
  • Provides robust information of compliance with the requirement imposed and supports Probation Practitioners in the management of supervised individuals

EM is designed to be used justly, proportionately and for a purpose by taking account of the circumstances of the case and the individual’s background, offending behaviour, circumstances and characteristics. The most appropriate technology should be used, reflecting the hours and/or geographical area necessary to deliver the required outcome (for example deterrence) or serve a specific purpose (for example preventing contact), and its use should be no more severe than is necessary.

Alcohol Abstinence Monitoring Requirement

The Alcohol Abstinence and Monitoring Requirement (AAMR) is an additional tool available to the Judiciary to address alcohol related offending and support rehabilitation.

It imposes a total ban on alcohol consumption for a maximum of 120 days and requires offenders to have their compliance electronically monitored.

An AAMR can only be imposed on those who are over 18 and cannot be used on individuals who are alcohol dependent or have an Alcohol Treatment Requirement recommended or currently in place. It is recommended that this assessment is done as part of the Pre Sentence Report (PSR) stage.

Unlike other Electronic Monitoring devices, the alcohol tag can be used where the offender is of no fixed abode.

Whilst it is considered a punitive sanction, the findings from the pilots have suggested that there are possible rehabilitative elements.

Offence types

  • No offence should be excluded from AAMR so long as the offence is alcohol related
  • An AAMR can be used as a standalone however, evidence suggests that it is most effective alongside other rehabilitative requirements
  • In cases where there are indications of domestic abuse, other supporting factors such as an Accredited Programme or Rehabilitation Activity Requirement (RAR) may want to be considered

Other considerations

  • If an individual breaches their AAMR, and appears before the court again, the period of AAMR may be extended up to the full 120 days if there is any time remaining on the Order
  • An AAMR may be imposed more than once on an individual i.e. where an individual has previously been convicted and an AAMR was imposed, a subsequent conviction may result in a court imposing an AAMR again

An AAMR can:

  • Support the reduction in alcohol related crime
  • Support defendants to abstain from alcohol which can in turn improve relationships, finances, employment prospects etc