The Compulsory Electronic Monitoring Licence Condition Order 2021

• Citation: S.I. 2021/330
• Sections: 27

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Compulsory Electronic Monitoring Licence Condition Order 2021 and comes into force on 12th April 2021.

(2) In this Order—

“the 2003 Act” means the Criminal Justice Act 2003 ;

“qualifying offender” means a person described in Article 2;

“specified area” means a police area specified in Schedule 1;

“specified period” means the period described in Article 4.

Section 2 Qualifying offender

This Order applies to a person who—

(a) is a fixed-term prisoner, within the meaning of section 237(1) of the 2003 Act (meaning of fixed-term prisoner) , released on licence on or after the commencement of this Order;

(b) is serving a sentence of imprisonment—

(i) for a determinate term of 90 days or more subject to release on licence under section 244 of the 2003 Act (duty to release prisoners) ;

(ii) in respect of an offence specified in Schedule 2; and

(iii) in the case of a person serving two or more sentences of imprisonment, that sentence is the longest or equal longest term;

(c) from any release, will be on licence for a period of 30 days or more;

(d) is required to reside on licence ... within a specified area;

(e) has not previously had an electronic monitoring condition included in any licence in respect of the same sentence in accordance with this Order for the specified period; and

(f) to the satisfaction of the Secretary of State, is not otherwise unsuitable for electronic monitoring.

Section 3 Compulsory electronic monitoring condition

An electronic monitoring condition must be included in the licence of a qualifying offender for the specified period.

Section 4 Specified period

The specified period—

(a) commences on the date a qualifying offender is first released on licence pursuant to—

(i) section 244 of the 2003 Act;

(ii) section 246 of the 2003 Act (power to release prisoners on licence before required to do so) ; or

(iii) sections 255B, 255C or 256A of the 2003 Act (further release after recall) ; and

(b) continues to the earlier of—

(i) any of the conditions described in Article 2 not being met;

(ii) the end of sentence; or

(iii) 12 months from the date of first release referred to in paragraph (a) , excluding any period where the qualifying offender is no longer released on licence.

Section 1

Avon and Somerset

Section 2

Cheshire

Section 3

Gloucestershire

Section 4

Gwent

Section 5

Humberside

Section 6

West Midlands

Section 7

Bedfordshire

Section 8

City of London police area

Section 9

Cumbria

Section 10

Derbyshire

Section 11

Durham

Section 12

Essex

Section 13

Hampshire and Isle of Wight

Section 14

Hertfordshire

Section 15

Kent

Section 16

Metropolitan police district

Section 17

North Wales

Section 18

Nottinghamshire

Section 19

Sussex

Section 1

An offence under section 1 of the Theft Act 1968 of—

(a) theft from the person of another;

(b) theft from a motor vehicle;

(c) theft from a vehicle other than a motor vehicle;

(d) theft of a motor vehicle other than aggravated vehicle taking under section 12A of that Act.

Section 2

An offence under section 8 of that Act (robbery or assault with intent to rob).

Section 3

An offence under section 9 of that Act (burglary).

Section 4

An offence under section 10 of that Act (aggravated burglary).