Procedures for electronic monitoring on bail for adults

Home Office Circular 25/2006 contains detailed advice for the courts, police, CPS, probation and prisons on the procedures to be followed when an adult defendant is subject to electronic monitoring or `tagging` whilst on bail.

The current Government policy is that electronic monitoring or `tagging` of adults whilst on bail should be made more widely available and used as an alternative to remand in custody.

Tagging is available as a condition of bail under the provisions of Section 3(6) of the Bail Act 1976, which says that a person granted bail in criminal proceedings may be required to comply, before release on bail or later, with such requirements as appear to the court to be necessary to ensure that he surrenders to custody, he does not commit an offence while on bail, and he does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person.

Tagging of adults can be applied for any offence, not just ‘imprisonable’ offences. It is not available for police bail.

The circular also advises that, where courts impose a ‘tagging’ condition on the Bail Order, they also impose as conditions of bail:

• A requirement that the defendant cooperates with the arrangements for installing the tag and equipment, whenever this is to take place.
• A condition requiring the defendant to present himself or herself to a police officer who calls at the curfew address during the period of curfew.

Prosecutors and police are asked to consider the option of a tagging condition in deciding whether or not to oppose bail, or to continue to oppose bail.

Violation of the electronic monitoring aspect of the bail tagging conditions will be reported by the supplier by fax or e-mail to the agreed police contact point for the force. Police are also asked to ensure that arrangements for responding to reported non-compliances by bailees are adequate in terms of speed of response and effectiveness, bearing in mind the risk posed by the individual.

Violations include:

• Being absent for a total of 15 minutes or more during any curfew period.
• Intentional or reckless damage to any part of the monitoring equipment, removal of the equipment or allowing others to damage or remove the equipment.
• The threat or use of violence by the defendant against the supplier`s staff.
• Refusal to allow installation of equipment, or to induct.

After an absence breach has been reported to the police, the supplier will continue to monitor the curfew address until advised in writing that the defendant has been arrested and detained in custody. If the monitoring shows that the defendant has returned to the curfew address during curfew hours, the supplier will inform the police control room immediately. Following a report of breach, a witness statement (Section 9 Criminal Justice Act 1967) will be sent by the supplier to the police as soon as possible. Where an arrest takes place outside of court hours the statement should be provided by no later than 8am of the next available court date. If the arrest is made within court hours and there are no other offences to deal with, the statement should be provided as quickly as possible so that the defendant can be returned to court that day. In any event it will be provided within 24 hours.

The Circular highlights the fact that CPS and ACPO have given assurances that they will take vigorous action in respect of anyone who breaches conditions whilst tagged on bail. It states that where breaches are reported, that the police will apprehend the defendant as soon as possible, inform the supplier when a defendant is arrested and will normally return the defendant to court. In cases where a defendant is not located and arrested quickly, the police will record on PNC that the defendant is wanted and a `wanted file` including evidence of the breach will be held in the Warrants Office. The local intelligence unit w