Statutory documents
The following documents establish the statutory foundation of the most common forms of EM of children and young people (between 10 and 17 years) in England and Wales:
Measure |
Regulation |
| 1. Bail |
Bail Act 1976s3AC (requirements that may be imposed as bail conditions) s3AA (Conditions for the imposition of electronic monitoring requirements: children and young persons) Legal Aid, Sentencing and Punishment Act 2012s93-95 (Conditions etc on remands to local authority accommodation, Requirements for electronic monitoring and Requirements for electronic monitoring: extradition cases) s109 (Crediting of periods of remand on bail) |
| 2. Youth Rehabilitation Order (YRO)
(with Intensive Surveillance Supervision)
|
Criminal Justice and Immigration Act 2008s1-8 (Youth rehabilitation orders) s1(2) (EM requirement) sch 1, 26 (definition of EM in relation to YROs) |
| 3. Detention and Training Order (DTO) |
Powers of Criminal Courts Sentencing Act 2000S100 (Detention and training orders) s103 (The period of supervision) |
| 4. Home Detention Curfew (HDC) |
Powers of Criminal Courts (Sentencing) Act 2000s91 (Offenders under 18 convicted of certain serious offences: power to detain for specified period) Criminal Justice Act 2003s237(1B)b) (definition of “fixed-term prisoner” ) s246 (Power to release prisoners on licence before required to do so) |
As required in s62(2B) of the Criminal Justice and Court Service Act 2000, The Electronic Monitoring (Responsible Persons) Order 2018 established which companies are responsible for the monitoring of individuals in England and Wales. The Joint Electronic Monitoring Protocol regulates the cooperation between the youth offending teams (YOTs) and the monitoring company. The HMPPS Home Detention Curfew (HDC) Policy Framework regulates electronic monitoring of children and young people within the framework of HDC (special rules included in s4.11).
Last updated: 24/02/2020