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Electronic Monitoring

Last updated: 10th July 2024

Description:

The Electronic Monitoring Order (EMO) is a common form of order and is part of an approach of standardising the administration of electronic monitoring by courts. It can provide assurance about time and locational limitations imposed on the person and provide evidence if the person fails to comply with any curfew condition imposed. The EMO is imposed by a court alongside the court disposal (such as Restriction of Liberty Order, condition of bail condition, Restricted Movement Requirement as part of a Community Payback Order, or Drug Treatment and Testing Order) and lasts for as long as the person is subject to that court disposal. Checking compliance with any electronically monitored curfew imposed is undertaken by the EM service provider, contracted by the Scottish Government to deliver that service.

Electronic monitoring (EM) is an additional way of monitoring any curfew conditions imposed as part of a bail order. Unlike other uses of EM, there are no timeframes set in statute governing how many hours EM may restrict a person on EM bail to an address, although all uses should be proportionate and reasonable. It is common that usage of EM as part of bail mirrors that of other community disposals, meaning a maximum curfew period of 12 hours per day for the duration of the bail condition. If EM is imposed to electronically monitor compliance of a curfew as part of bail, an Electronic Monitoring Order should also be imposed.

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