EM GPS Pilot Toolkit (003)

Electronic Monitoring

Global Positioning System

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Contents

List of Annexes ..................................................................................................................................... 3

Part 1: Introduction and Common Questions ......................................................................................... 4

Introduction ........................................................................................................................................ 4

Common questions ...................................................................................................................... 4

Part 2: Legislation............................................................................................................................... 11

Remand cases subject to court bail ............................................................................................ 11

Community and suspended sentence orders ............................................................................ 11

Variation of licence conditions and Re-release following a recall ........................................... 12

Home Detention Curfew ................................................................................................................ 12

IPP cases (and life sentence prisoners) subject to release by the Parole Board ................ 13

Part 3: Practical Guidance ................................................................................................................ 14

Section 1: Court imposed Bail ...................................................................................................... 14

Considerations for the CPS. ..................................................................................................... 14

Considerations for the Judiciary, Magistracy, Legal Advisors and Responsible Officers14

Considerations for HMCTS ....................................................................................................... 15

Considerations for the police as the responsible officer ....................................................... 16

The role of the monitoring centre in responding to breaches .............................................. 16

Section 2: Community and Suspended Sentence Orders ....................................................... 17

Considerations for NPS staff responsible for pre- sentence reports .................................. 17

Considerations for the Judiciary, Magistracy, Legal Advisors and Responsible Officers19

Considerations for HMCTS ....................................................................................................... 20

Considerations for the monitoring centre ................................................................................ 20

Standalone location monitoring ................................................................................................ 21

Considerations for the NPS/CRCs .......................................................................................... 21

Considerations for the monitoring centre (breaches) ........................................................... 22

Section 3: Early Release from Prison (Those Offenders Eligible for Home Detention Curfew) ............................................................................................................................................ 23

Considerations for NPS and CRCs ......................................................................................... 23

Considerations for Prison Governors and staff ...................................................................... 23

Considerations for the monitoring centre ................................................................................ 24

Considerations for the Monitoring centre ................................................................................ 24

Section 4: Offenders who have been released on licence who may otherwise be recalled to prison ........................................................................................................................................... 25

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Considerations for NPS/CRCs ................................................................................................. 26

Section 5: Offenders being considered for re-release following a recall ............................... 27


Section 6: Certain cases being considered for release by the Parole Board ........................ 28


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List of Annexes

Annex 1: HDC Process Map

Annex 2: Licence Variation Process Map

Annex 3: Parole Board IPP/Life Process Map

Annex 4: Recall Process Map

Annex 5: Court Imposed Bail Process Map

Annex 6: Court Imposed Bail Breach Process Map

Annex 7: Community and Suspended Sentences Process Maps p. 1

Annex 8: Community and Suspended Sentences Process Maps p. 2

Annex 9: Community and Suspended Sentences Equipment breach process map

Annex 10: Community and Suspended Sentences Breach of Conditions process map

Annex A: Case Studies

Annex B: PSR Decision Tree

Annex C: EM curfew and GPS functionality

Annex D: Overview of HDC process

Annex E: Example Licence

Annex F: Authorised Absences (Curfew)

Annex G: Enforcement (HDC)

Annex H: Example Warning Letter

Annex I: Service level agreement between the MoJ and pilot forces

Annex J: Code of Practice

Annex K: BeNCH leaflet for wearers

Annex L: Midlands leaflet for wearers

Annex M: First 24 hours leaflet for wearers

Annex N: Wearer handbook

Annex O: Fair Processing Notice

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Part1:IntroductionandCommonQuestionsIntroduction This guidance has been developed for key delivery partners involved in the EM GPS Pilot. It is designed to provide the reader with a clear understanding of:

Why the MoJ is carrying out the pilot What the Global Monitoring System requirement is What the key aims and objectives of the pilot are How it will work in practice What are the roles and responsibilities

Common questions Q. Why the MoJ is carrying out the pilot? The MoJ has been working to increase the evidence base and its practical understanding of how existing and new electronic monitoring technologies could be used more effectively.

In February of this year the Prime Minister announced as part of the Prison Reform Programme that ‘we would be commencing pilots involving GPS-enabled tags later this year’. ‘These trials will inform our strategy for future use of electronic monitoring technology in the Reform Programme’.

We are keen to learn from all current GPS piloting activity, including those run by MOPAC and police, as well as starting our own pilots to look at the behaviour of offenders and decision makers. MoJ electronic monitoring pilots sit alongside and will feed into the development of our electronic monitoring strategy and the broader programme. Though separate to the programme, information, evidence and lessons learnt from the pilots will inform the development of business processes and infrastructure to support the wider programme and consideration of how we most effectively target the use of Electronic Monitoring.

Q. What are the key aims and objectives of the pilot? The pilots will seek to test how the use of a GPS tag might impact upon the behaviour of offenders and decision makers in the Criminal Justice System and how it might help to improve rehabilitative outcomes. They may also allow us to see what other benefits GPS tagging may bring and identify any potential barriers to wider implementation. There is a real potential for electronic monitoring to act as a tool that could help stabilise demand on the prison estate. It will be critical for decision makers that we demonstrate that GPS tagging is a viable and useful alternative to custody. The pilot will help and inform the understanding of the practical implications and impact of GPS monitoring. It will gather evidence of the following; whether GPS tagging can assist to reduce future demand on the prison estate as a

viable and useful alternative to custody; the behaviour of those subjected to GPS tagging, such as rates of compliance and

potentially future offending; the response of decision makers when provided with the option of location monitoring;

and

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the extent to which GPS tagging can facilitate more informed conversations between CRCs/ offender managers and offenders about behaviours in the community as part of their rehabilitation;

How GPS might best be implemented in practice; and The challenges of operating GPS tagging.

Q. Where are the pilots operating and who is eligible? The pilot covers two large geographical areas to generate sufficient volumes and include both urban and rural areas to test GPS technology in different environments. The pilot will tag subjects in the following circumstances and areas:

Court imposed Bail Community and suspended sentence orders Early release from prison (those offenders eligible for HDC) Offenders who have been released on licence who may otherwise be recalled to prison Offenders being considered for re-release following a recall Certain cases being considered for release by the Parole Board.

Pilot Area 1 (covering Nottinghamshire, Staffordshire, Leicester and West Midlands): Court imposed bail, community orders and suspended sentences orders and Parole Board cases

Pilot Area 2 (covering Bedfordshire, Northamptonshire, Cambridgeshire and Hertfordshire): Recall cases, early release- home detention curfew cases and Parole Board cases

Parole Board releases cover both pilot areas as release numbers are small.

Q. Is anyone excluded? The pilot is only available for adult (over 18) subjects. Aside from the legislative conditions that need to be satisfied in order to impose electronic monitoring as part of a court order or whether the licence condition can be deemed necessary and proportionate, those of no fixed abode will not be suitable for the pilot as electronic monitoring is reliant on a fixed electricity supply to charge. Furthermore, those with serious identified mental health or learning disabilities may not be suitable. There may be particular difficulties with an offender’s ability to understand the requirements or conditions i.e. need to charge, avoid certain places etc., which could make such an order unsuitable.

Where an offender is considered suitable for GPS tagging but has a physical disability that might prevent them from wearing a tag, contact should be made with the local monitoring team to discuss the available options for wearing a tag in these circumstances prior to making the recommendation to the court or a decision to impose such a condition on a licence.

Anyone subject to a curfew as part of a bail order, community order, suspended sentence order or licence (with the exception of HDC cases) is excluded.

Q. How long will the pilot run for? The pilot will run for 12 months with a 6 month ‘run down’ period. In order to limit the life of the pilot we will ‘switch off’ the ability of decision makers to impose a tag after 12 months. Those already on a tag will continue to wear the tag for a maximum of six months after the end of the pilot period.

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Q. How many people will be tagged? We have budgeted for 1500 tags across both pilot areas. This figure may not be reached, and we envisage a gradual build-up of active tags over several months. We have estimated the size of the total target population in each group (or cohort), but it is not possible to accurately predict how many tags will be active in each area for each cohort at any given time because we do not know what take-up rates will be (this is one of the questions that the pilot seeks to answer). The Contract is flexible so if we think we may reach 1500 tags quickly then we can consider increasing the number of tags. We will keep partners informed about take up and will carry out monitoring of pilot data on a weekly basis.

Greater numbers of those tagged would, in general, give us greater potential to pick up learning from the pilot.

Q. What is a Global Positioning System (GPS) tag

A GPS ‘tag’ is a device that is worn around the ankle. It is used to monitor the location of the subject who is wearing it 24 hours a day via a satellite signal which can accurately pinpoint the subject’s location. GPS tags are designed to be difficult to remove and if an attempt is made to do so, or if the tag is removed by unauthorised personnel, this will generate an alert to a monitoring centre.

Q. Is monitoring carried out in live time Location monitoring is live and alerts to the monitoring centre in the event of a potential breach are immediate. The monitoring centre will look into the circumstances and where a breach is confirmed the responsible officer will be notified of a breach. It is for the responsible officer to decide on the most appropriate action. GPS tagging will not facilitate an immediate intervention to prevent breach of the licence but the offender will know that their whereabouts will be monitored.

High risk cases can be flagged on the monitoring system and prioritised for an emergency response. This may act as a deterrent against non-compliance for some offenders. An assessment should be made in relevant cases whether this form of monitoring is likely to deter in the particular case.

Q. What can a GPS tag be used to monitor?

Using GPS monitoring provides information about a subject’s location which helps the authorities (usually an offender manager or the police) establish whether or not a subject is complying with conditions/requirements relating to their whereabouts.

Some examples of this are:

Zones that a subject is not permitted to enter (exclusion zones) such as an address, a place (such as a football ground or a town) or series of locations (such as train stations, airports, city centres etc.).

Zones the subject is not permitted to leave, either between certain times or ever (inclusions zones). Examples of this are a building, city, county or country.

People that a subject is not permitted to associate with. This is particularly useful if person that the subject is not permitted to associate with is also tagged, but could also be monitored through use of exclusion zones as above.

Up to 50 zones can be created and they can be day, date or time bound. A warning buffer can also be applied around a circular zone.

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A location monitoring requirement can only be imposed as part of Court ordered bail to monitor compliance with another condition of the order such as an exclusion zone. For community orders and suspended sentence orders, an electronic monitoring requirement may be imposed as a standalone requirement or to monitor compliance with another condition of the order. Prison licences may include either condition, but any conditions imposed should be preventative as opposed to punitive and must be proportionate and necessary.

Q. what does a standalone monitoring requirement do and how could it be used? In community and suspended sentences pilot areas will have the option of imposing an electronic monitoring requirement in order to monitor the wearers’ whereabouts. The responsible officer will receive a retrospective report of the subject’s movements. There are a number of reasons why tracking might be imposed. For example it allows the responsible officer to ensure that the offender does not abscond or to have conversations about behaviours and routines in meetings.

Q. Can the tags be used to support a restraining order?

Not for the purpose of this pilot. Restraining orders are civil orders and so are outside the scope of this pilot.

Q. Will breaches be referred to the same magistrate? That will be up to the court. As far a possible we have tried to mirror existing processes so we will not be asking courts to list differently.

Q. Will days on a GPS tag lead to a reduction in sentence in the pilots? No. No. GPS tags in the pilot are not being used to monitor a curfew (with the exception of the HDC cohort). There would have to be a curfew condition for the time to count. It will not count if the tag is being used for any other reason. The only provision in legislation which allows for a tag to count towards the sentence is where a tag is imposed on someone remanded on bail and subsequently convicted where the tag is being used to monitor a curfew and electronic monitoring condition (as set out in section 240A of the CJA 2003).

Q. Who monitors the location of the tags?

The monitoring centre is staffed 24 hours a day, seven days a week to monitor subjects who are fitted with a GPS tag and who will respond to any alerts. The monitoring centre sets the conditions on the monitoring system and will know if the subject goes where they should not go, leaves a place they should not leave. The subject’s movements are recorded by a monitoring system, and they will inform the responsible officer as soon as there has been a confirmed breach of the subject’s conditions. Breach alerts are received as soon as a breach is registered on the system. Location information that is recorded for the purpose of monitoring conditions or requirements like those set out above can be used as evidence.

Q. What is the role of the monitoring centre? The monitoring centre is responsible for:

Ensuring that the conditions of the order relating to the installation of the tag and home beacon, monitoring of the subjects conditions and removal of the GPS tag are carried out and all relevant data is inputted onto the monitoring system.

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Investigation of any potential breaches or equipment issues which may occur during the duration of order and respond accordingly within the timescales agreed in the service level agreement between the MoJ and pilot forces. (Annex I)

Clean and maintain equipment upon return and quarantine any unserviceable tags and equipment. Ensure that any items held for evidential purpose are stored securely.

Comply with all paperwork/agreed protocols and procedures and the service level agreement between the MoJ and the pilot forces. (Annex I)

Complete any evidential documents (such as regular compliance reports, breach reports and other management information) to a required standard and in agreed time constraints.

Liaise with the field teams to ensure that they are effectively tasked to carry out fittings, removals and visits and to complete reports.

Ensure that all Standard Operating Procedures are complied with. Attend court to give evidence if required.

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Q. What do tagged subjects have to do while they are tagged?

Charging the GPS tag. Subjects will be issued with conditions that relate to charging and maintenance of the tag [and the home beacon]. One of those conditions will be a requirement to charge the device on a daily basis. This is known as a ‘charging regime’. The tag requires a total of around 2 hours of charging each day. This does not need to be done in one go, the tag can be charged in time slots that total 2 hours. The subject will be provided with two ways to charge the device. A charger will be provided which can be connected to mains electricity and to the device. Alternatively a cordless charger will also be provided which enables the subject to move around freely while the tag itself is charging. The cost of charging the GPS tag is approximately 3p per day and the subject can claim this back through the monitoring centre if they wish to.

Unsuitable activities. While a subject is wearing a GPS tag there are some activities that they are unable to take part in because of the risk of damaging the GPS tag or hurting themselves or others. If the subject isn’t sure about whether they are able to carry out certain activities they should contact their offender manager or the monitoring centre number provided to them. Unsuitable activities include water sports such as water skiing, surfing and diving as well as contact sports such as rugby, football, hockey and kick boxing. In addition, civil aviation regulations may require removal of the tracker before flying. Some locations might be unsuitable for a subject to visit where the tracker may interfere with on-site equipment such as some hospitals.

Damage to the tag or equipment. The subject must not damage the GPS tag or home beacon. If the GPS tag [or home beacon] is damaged, particularly if the damage is considered to be caused intentionally by the subject or someone else, the subject may be in breach of their conditions, leading to possible arrest, recall to court or prison. They may also be charged with criminal damage. If the subject is planning to take part in an activity that may damage the tag they should seek approval first.

Removal of the tag. If a subject attempts to remove the GPS tag or manages to do so an alert is triggered at the monitoring centre and the monitoring centre will contact the offender or may dispatch a field officer to the address. In some cases police could be called and may arrest the person.

Breach of requirements or conditions. If a subject breaches the requirements or conditions being monitored by the tag, an alert is triggered at the monitoring centre. The monitoring centre will contact the subject or may dispatch a field officer to the address. The Responsible Officer will be notified of the breach and, depending on the circumstances police could be called and may arrest the person.

The home beacon. The home beacon must have a constant supply of electricity and must not be moved or covered once it has been installed. The electricity used to support GPS tagging costs around 3p per day, the subject can claim this back through the monitoring centre.

Q. What happens if there is a breach? Alerts in the event of a breach are immediate. An investigation will take place and, where appropriate, the responsible officer will be quickly notified of a breach. It is for the responsible officer to decide on the most appropriate action.

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Q. What response time can we expect if there is a breach? The monitoring centre will respond immediately to a breach. When a breach occurs it is flagged on the system. The monitoring centre staff will open up the record and investigate the breach. They are able to look at data 30 minutes before the breach and data post breach. Once they have confirmed the type of breach they will contact the responsible officer, contact the subject or send out a field service officer, within 30 minutes of the first notification. Where a further offence is identified or suspected then the monitoring centre will contact local police.

Some examples are below:

Breach of exclusion zone, bail condition: If the breach is in relation to a breach of court bail then an evidential report will be generated and allocated to the relevant force, if this is during the field service teams working hours then field service officers will be contacted directly, if out of hours then the relevant force control centre will be contacted and police incident log will be generated for an arrest enquiry. This will be allocated subject to local demands on resources.

Out of hours, breach of exclusion zone, community order; if there is a breach of an exclusion zone, out of hours in relation to a community order the monitoring centre will provide an evidential report to the relevant email mail box for the Responsible Officer. If there is a requirement for an out of hours service contact to be notified by phone then this will be carried out.

Suspected tamper, suspended sentence: the monitoring centre will contact the responsible officer. They will also try to contact the offender and may send field service officers to the address. Any suspected tamper will be investigated by monitoring staff/field services. If a tamper or faulty equipment is suspected then field service officers will be dispatched to seize the unit for evidence and replace with a new unit.

Confirmed tag removal, court Bail: the monitoring centre will contact the responsible officer for a decision. An evidential report will be generated and allocated to the relevant force, if this is during the Field Service Teams working hours then field service officers will be contacted directly, if out of hours then the relevant force control centre will be contacted and police incident log will be generated for an arrest enquiry. This will be allocated subject to local demands on resources.

Breach of exclusion zone, Licence case: the monitoring centre will contact the relevant probation responsible officer for a decision, informing them of the breach and providing a report of the data. If there is a breach of an exclusion zone, out of hours the monitoring centre will provide an evidential report to the relevant email mail box. If there is a requirement for an out of hours service contact to be notified by phone then this will be carried out. Probation Services will take forward whether or not to contact PPCS to initiate a recall.

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Part 2: Legislation The legislative basis for the pilots can be found below:

Remand cases subject to court bail The current legislation relating to the use of electronic monitoring for persons on bail is as follows:

The Bail Act 1976 is the legislation governing court-imposed bail. This allows the use of electronic monitoring but only to ensure compliance with another bail condition (e.g. curfew, geographical exclusion): s6ZAB. To note there is no power to impose Electronic Monitoring as a stand-alone bail condition but only to monitor another pre-existing bail condition; The conditions for the imposition of electronic monitoring are that the Court would have otherwise remanded the accused in custody but for the electronic monitoring requirements and operationally, there are the necessary arrangements in place: s 3AB. The legislation does not set out when electronic monitoring is suitable in order to monitor a bail condition. This is left to the Court’s discretion. Although, the Bail Act 1976 refers to some specific bail conditions (e.g. sureties and security, drug assessments), there is not a definitive list of conditions that may be imposed. The court may impose any condition so long as it is necessary to prevent the accused from absconding, committing offences, interfering with witnesses etc. (s.3(6)). So, whether it is lawful to impose any particular bail condition (e.g. curfew, geographical exclusion) will depend on the individual facts of the case and the extent to which it is necessary and the most proportionate way of ensuring the accused surrenders to custody, does not commit offences etc. while on bail. The requirement for electronic monitoring to monitor compliance with that bail condition are then those set out above. Where the court does impose electronic monitoring of a pre-existing bail condition then a person must be made responsible for the monitoring. That person can only be someone named by the Secretary of State in secondary legislation. (s.3AC). For the purposes of the pilot the named responsible person will be a person who is employed by, or a police officer who is a member of, Hertfordshire police force under the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016 (S.I. 2016/961). Community and suspended sentence orders The provisions on Community Orders and Suspended Sentence Orders (SSOs) are set out in sections 177 to 223 of the Criminal Justice Act 2003. Under current legislation, electronic monitoring is confined to monitoring the offender’s compliance with other community order or suspended sentence order requirements.

Section 177(3) (community orders) and section 190(3) (suspended sentence orders) currently requires the court to impose an electronic monitoring requirement when imposing a curfew requirement or an exclusion requirement, unless in the particular circumstances of the case it considers it inappropriate to do so, and confers a power to do so when imposing any of the other community order or suspended sentence order requirements. This is also unless it is prevented from doing by s.215(2) CJA 2003 (consent of another person without whose co-operation compliance will not be practicable to secure the monitoring) or s.218(4) CJA 2003 (which requires notification by the Secretary of State that electronic monitoring arrangements are available in the relevant areas and is satisfied that the necessary provision can be made under those arrangements.)

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In practice, at present, electronic monitoring is only currently used as part of community orders or suspended sentence orders to monitor compliance with a curfew requirement.

However, provisions in Schedule 16 to the Crime and Courts Act 2013 will be commenced for the purposes of the pilot, for a specified period and time – from 17th October 2016. They broaden the existing legislative framework by adding “electronic monitoring requirement” to the list of requirements in section 177 (community orders) and section 190 (suspended sentence orders), and extends the definition of this to enable the court to authorise the location monitoring of offenders on community orders and suspended sentence orders and the collection of that location data. As such, a court imposing a community order or suspended sentence order in the relevant pilot areas will be able to order that as part of the order the offender’s whereabouts be monitored electronically. In other words, electronic monitoring will no longer always be ancillary to another requirement.

When these provisions are commenced the SoS will also issue a Code of Practice relating to the processing of data gathered in the course of the electronic monitoring of offenders under electronic monitoring requirements.

Section 177(4) CJA 2003 (community orders) and s. 190(4) (suspended sentence orders) allow that where a court makes an order imposing other requirements (e.g. an unpaid work requirement, an attendance centre requirement amongst others), the court may also impose an electronic monitoring requirement unless prevented from doing by s.215(2) or s.218(4) as set out previously. The Secretary of State will notify relevant courts that electronic arrangements are available for those purposes in the relevant area.

Electronic monitoring will also continue to be available to the courts to ensure compliance of other relevant requirements (if any) in the community order or suspended sentence order.

As required by section 215(3) CJA 2003, for the purposes of the pilot the person responsible for the electronic monitoring will be a person who is employed by, or a police officer who is a member of, Hertfordshire police force under the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016 (S.I. 2016/961).

Variation of licence conditions and Re-release following a recall The pilot will focus on:

GPS location monitoring as a variation of licence , possibly at first breach or warning letter, provided that the breach is not serious enough to warrant recall to protect the public. It will test whether location monitoring enables better monitoring of the offender by the NPS - potentially as part of the better compliance work in the NPS ‘E3’ programme- with the aim of avoiding a recall to prison further down the line. Conditions on licence in relation to determinate sentence prisoners can be varied in accordance with section 250 of the Criminal Justice Act 2003.

GPS to support a licence condition, to facilitate more recalled determinate sentence prisoners being safely executively re-released before sentence expiry (i.e. as part of a wider risk management plan).

Home Detention Curfew HDC utilises curfew technology only (section 246 in accordance with section 250(5) and

section 253 of the Criminal Justice Act 2003 and section 62 of the Criminal Justice and Court Services Act 2000) and pilots will explore whether tracking technology might help address current refusal rates (likely to be around risk). Risk Assessment policy is being

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amended to ask governors to tag those they would ordinarily have considered too high risk to release. The additional licence condition will still have to be considered on a case by case basis and be necessary and proportionate.

IPP cases (and life sentence prisoners) subject to release by the Parole Board The Parole Board will be provided with the option of imposing a location monitoring

condition on individual releases, which may influence the Parole Board’s decision to release (the Parole Board impose conditions in accordance with section 31 of the Crime (Sentences) Act 1997.

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Part 3: Practical Guidance

Section 1: Court imposed Bail

All agencies involved should consult the process maps at Annexes 5-6

Considerations for the CPS. The judge or magistrate may include a bail condition such as an exclusion or inclusion

zone that can be monitored by a GPS tag only if the subject lives or intends to live at an address within the pilot area and the court is participating in the pilot.

There is no power to impose GPS tagging as a stand-alone bail condition. It can only be used to monitor another pre-existing bail condition.

The Bail Act 1976 requires that “For a defendant aged 17 and over a court may not impose an electronic monitoring requirement unless without this requirement he would not be granted bail. The CPS may be asked by the judge to specify an exclusion or inclusion zone. A

description of an exclusion or inclusion zone must be unambiguous. Ideally it should be marked on a map so that the monitoring centre can clearly see what the judge or magistrate intended. If the monitoring centre cannot interpret an exclusion or inclusion zone they may request clarification if the requirement is unclear.

There are other conditions that might be supported by a GPS tag, such as attendance at work or at a programme. Again, the purpose must be clear, and where applicable timings should be included.

Where possible the subject should have access to a mobile telephone or landline at the home address and this number should be provided to the monitoring centre.

Please contact the police as usual if you need to verify the suitability of the address for the condition, or contact the monitoring centre on 01442 271 021/2 if you have any questions about the use of GPS specifically at the address (for example, you may need to confirm that the address is suitable for the equipment if the subject lives in shared accommodation or a high rise block of flats).

Considerations for the Judiciary, Magistracy, Legal Advisors and Responsible Officers

When considering a GPS condition as part of a bail order please ensure that:

You would have otherwise remanded the accused in custody but for the electronic monitoring condition.

The condition is unambiguous and easy for the monitoring centre to action and the subject to understand. For example if you are setting an exclusion zone or inclusion zone, be as specific about the boundaries of the zone as possible. It is helpful to use a map to define the area.

If an exclusion or inclusion zone is time limited please describe this clearly in the condition. Please see the case studies at annex A for examples.

Ideally the subject should have access to a mobile telephone or landline at their home address and the number should be made available to the monitoring centre.

It is not advisable to put a GPS tag on one leg and a curfew tag on the other, so if the subject is already wearing a curfew tag we would not advise using a GPS tag.

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GPS tags used for the pilot cannot easily monitor a curfew without a manual workaround so for the purposes of the pilot we have excluded GPS tagging alongside an electronically monitored curfew.

There are other important supporting instructions that the Responsible Officer will need to notify the subject of including;

o The subject must be at [provide address] between [provide times] for a fitting appointment and must be available on [telephone number] between those times.

o The subject must allow field officers access to the address to install a home beacon and fit the GPS tag.

o The subject must not attempt to remove or tamper in any way with the tag or the home beacon.

o The subject must keep the home beacon plugged in once it has been installed and must maintain a constant electricity supply to it.

o The subject must charge the GPS tag using the equipment provided for a minimum of two hours per day.

o The subject must make contact with the monitoring centre when required to do so or if there are any problems with the tag.

If you are particularly concerned about risk or the safety of an individual and GPS is being used to lower that risk you can request that the case is flagged as a high risk on the monitoring system. This changes the colour of any alert to the system so that monitoring centre staff know to prioritise that case. This also allows the monitoring system to set specific instructions on an appropriate response. HMCTS staff must include your instructions in the notification to the monitoring centre.

Process following a breach In the event of a breach of conditions, judges and magistrate should be aware that it is for the responsible officer to take a decision on the response. In Bail cases this will be the police.

Considerations for HMCTS If the judge or magistrate sets a bail condition that requires monitoring through a GPS tag please follow the following process

Fill in the court request for GPS tagging - Annex P. As a minimum you must include the following information:

o The subjects name, address and telephone number o Any other relevant identification information known to the court o A short description of the offence i.e. Assault ABH, o The start and finish date of the requirement o Details of the requirement o Contact details for the court o The contact information of the responsible officer

If there is map please scan it and send it via secure email to [email protected]

Please ensure that that you clearly identify the case and the relevant requirement that the maps refers to in the covering email.

The monitoring centre will contact the court if the requirement is not clearly defined. Please ensure that where possible all relevant information is provided. If you need to speak to the monitoring centre please call 01442 271 021/2.

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If the judge or magistrate has included a request to flag the case as high risk HMCTS staff must include that instruction and any information relating to it in the notification to the monitoring centre.

Considerations for the police as the responsible officer In bail cases the police will be the ‘responsible officer’ (as is the current position). Where GPS monitoring is included as a bail condition, the monitoring centre will be

responsible for notifying local control rooms if there is a breach of any condition that is being monitoring through the GPS tag or an attempt has been made to tamper or remove the tag.

As the responsible officer you may receive notification of the following types of breach; o Failure to install a tag and/or home beacon. Field service officers may make more

than one attempt to fit the tag and install the home beacon before notifying you, if this is the case details will be provided.

o An attempt to tamper with or remove the tag or tamper with the home beacon. o A confirmed unauthorised removal of the tag. o Disconnection of the home beacon from the power supply. o A failure to charge the tag (the monitoring centre may issue warnings and

reminders to charge before informing the responsible officer of a failure to charge.). o A breach of a condition monitored by GPS such as an inclusion or exclusion zone,

or non-association condition. Notification will take place as soon as the monitoring centre have confirmed a breach and

will be sent to the relevant control centre. Local field services will carry out fitting and removal of tags and may visit the subject if

there is a problem with the tag or if the subject has failed to charge the tag in accordance with the bail conditions provided.

The responsible officer should inform the monitoring centre of the outcome of any consideration of breach so that this can be recorded by the monitoring centre.

If the subject breaches another condition that is unrelated to the condition being monitored by the tag please notify the monitoring centre on 01442 271 021/2.

Please ensure that tags removed in custody suites are retained for recovery by field service staff. Please contact the monitoring centre on 01442 271 021/2.

The role of the monitoring centre in responding to breaches In the event of a confirmed breach (i.e. when the monitoring centre have reviewed the notification and confirmed that a breach has taken place) the expectation is that monitoring centre will contact the responsible officer immediately with details of the breach. In this case, the responsible officer will be the local police control room. Initial contact can be made over the telephone. This should be followed up by a formal documented breach report which gives the responsible officer full information about the known circumstances of the breach. The responsible officer will take a decision on the next steps.

In some circumstances it may be appropriate to make telephone contact with the offender or for field service officers to be deployed to the address or last known location of the offender. Examples of this are:

A tamper alert where the monitoring centre knows the location of the offender and can replace the tag;

Indications of equipment failure, relating either to the tag or the home beacon; Cases where the tag has not moved for a prolonged period of time;

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Cases where the offender has failed to charge the tag and is not responding to vibrate requests for a callback;

Cases where the offender has contacted the monitoring centre with a problem; and Spot checks of the equipment.

The monitoring centre should record the outcome of the referral of breach on the monitoring system.

Section 2: Community and Suspended Sentence Orders

All agencies involved should consult the process maps at annexes 7-10.

Considerations for NPS staff responsible for pre- sentence reports What is GPS Location Monitoring and how does it differ from current electronic monitoring (EM) requirement? “Electronic monitoring” is a generic term, which encompasses different technologies, it is generally used to support punitive requirements, however in principle EM can also be seen as a preventative measure if, for example, an exclusion zone prevents the offender from approaching a specific person or location.

It is important to note that EM with location monitoring should only be proposed where it provides a particular identifiable value in protecting the public or specific victims, or in deterring the offender from crime. The table at Annex C helps to outline some of the differences between GPS and Radio-Frequency. It is aimed at supporting decision makers to choose and target the right functionality (radio-frequency or GPS), to effectively achieve the desired outcome.

NOTE: Radio frequency EM (current monitoring for curfews) is not part of the pilot. Where a report author assessed that a curfew electronically monitored is a suitable proposal they should continue to provide this advice to court but GPS and curfew requirement should not be combined.

Effective targeting Electronic monitoring to monitor a wearers whereabouts can be used as a standalone requirement or as part of a multi-requirement order. Whilst it can be used to meet a multiplicity of sentencing purposes report writers need to consider those cases where it will add most value in supporting rehabilitation/management of RoSH and dissuades offenders from reoffending. The need to safeguard the public and prevent re-offending will be the most important considerations and report writers will need to give proper consideration to how GPS would improve the management of RoSH (risk of serious harm)or the LoR (level of risk) of the offender.

Report writers will also need to consider whether adding EM using location monitoring increases the ‘weight’ of the sentence and how this fits with the courts indication of seriousness and/or offence seriousness. For example: where the offence is at the lower end of seriousness, the offender is not heavily convicted and there does not appear from interview to be any specific offending-related needs that require addressing then an UPW requirement may be considered a more suitable sentencing proposal than GPS location monitoring.

Standalone location monitoring and electronically monitored curfews (radio frequency) should not be proposed together - for the purpose of the current pilot. This is because the technology

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requires a manual workaround for the monitoring centre in HDC cases which means we are not able to support large volumes. Where a report author would have otherwise proposed an EM Curfew they should continue to do so, reserving EM location for cases that fall into the paragraphs’ 7 and 8. The table at Annex C illustrates the difference in use and reports writers will need to consider which requirement is most appropriate taking account of the offence seriousness, offender’s assessed Risk of Serious Harm (RoSH) and likelihood of reoffending and other offender needs.

Community order threshold – where the court has indicated that the offence has met the community threshold or, where there is no indication given but the report writer is of the view that a proposal for a community sentence is appropriate, then report writers should consider whether EM with location monitoring would provide particular support to any of the purposes of sentencing. As set out in Annex C EM with location monitoring can provide information on the offender whereabouts 24 hours a day so reports writers need to be mindful that the addition of EM with location monitoring and the level of control it imposes is appropriate and proportionate to the seriousness of the offence.

Consideration should be given to those offenders where the offender is involved in high volume offending where EM with location monitoring could disrupt known offending patterns.

Consideration should also be given to proposing EM with location monitoring for those offenders whose offending requires an exclusion zone to protect an identified victim or to deter an offending entering a specified risk area.

Custody threshold - where the court has indicated that the offence has met the custody threshold including specified offences, or where there is no indication given but the report writer is of the view that a custodial sentence is likely (based on the offence seriousness), then EM with location monitoring should be considered. A decision tree, factors to be considered and example wording are set out in Annex B.

Offenders Out of Scope for this Pilot EM with location monitoring is intended to be both rehabilitative (when supporting other interventions) and/or a punishment (when intended to control activity) therefore, can be considered across a range of sentencing options and offence types. Offenders out of scope consequently are very few. However s. 218(9) provides that a court cannot include an EM requirement under s. 215(1)(b) unless it is satisfied that the offender can be fitted with any necessary apparatus. There are identified excluded groups:

Offenders of no fixed abode – electronic monitoring is reliant on a fixed supply to charge. Offenders with serious identified mental health or learning disabilities – there may be

particular difficulties with an offender’s ability to understand the device i.e. need to charge, purpose behind GPS), which could make GPS unsuitable.

Subjects under 18 years of age Anyone subject to an electronically monitored curfew should not be given a condition

monitored through a GPS tag.

Where an offender is considered suitable for GPS tagging but has a physical disability that might prevent them from wearing a tag, contact should be made with the local monitoring team to discuss the available options for wearing a tag in these circumstances prior to making the recommendation to the court.

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Diversity Consideration NOMS is committed to ensuring that Diversity, Equality and Inclusion are central to all sentencing proposals made within the courts, although this pilot only applies to adult offenders. Report authors should make the same analysis as to the impact of a GPS Location Monitoring Requirement upon an individual as they would for all other sentencing proposals. Consideration for authors could include and are not exclusive to; impact upon an individuals’ emotional and mental health, cognitive function in respect of the offender’s ability to engage with such a requirement appropriately, physical needs that may be impacted, dependants upon the individual for whom the requirement would jeopardise levels of support/care, impact upon child care, impact upon employment and ability to engage effectively with religious activities. Consideration of diversity, equality and inclusion should not exclude the individual from participation of a requirement, but should be incorporated to assure its most effective implementation.

Authors must take account of the balance between a right to a private family life and public protection. Application of the requirement should be proportionate to the risks identified and clearly evidenced to ensure that there is no unintentional bias impacting the proposal and subsequently impacting the individual’s liberty.

Considerations for the Judiciary, Magistracy, Legal Advisors and Responsible Officers When considering a GPS condition as part of a community order or suspended sentence order please ensure that:

The condition is unambiguous and easy for the monitoring centre to action. For example if you are setting an exclusion zone or inclusion zone, be as specific about the boundaries of the zone as possible. It is helpful to use a map to define the area. This should be provided as part of the pre-sentence report if GPS has been recommended.

If an exclusion or inclusion zone is time limited please describe this clearly in the condition. Please see the case studies at Annex A for examples.

Ideally the subject should have access to a mobile telephone or landline at their home address and the number should be made available to the monitoring centre.

It is not advisable to put a GPS tag on one leg and a curfew tag on the other, so if the subject is already wearing a curfew tag we would not advise using a GPS tag.

GPS tags used for the pilot cannot easily monitor a curfew without a manual workaround so for the purposes of the pilot we have excluded GPS tagging alongside an electronically monitored curfew.

There are other important supporting instructions that the Responsible Officer will need to notify the subject of including;




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o The subject must keep the home beacon plugged in once installed and must maintain a constant electricity supply to it.



If you are particularly concerned about risk or the safety of an individual and GPS is being used to lower that risk you can request that the case is flagged as a high risk on the monitoring system. This changes the colour of the alert and means that the monitoring centre will know that the case should be prioritised for a response. It also allows the monitoring system to set specific instructions on an appropriate response. HMCTS staff must include your instructions in the notification to the monitoring centre.

Process following a breach In the event of a breach of an electronic monitoring requirement, judges and magistrates should be aware that it is for the responsible officer to take a decision on the response to that breach.

Considerations for HMCTS If the judge or magistrate sets an electronic requirement in a community or suspended sentence order which will be monitored through a GPS tag please follow the following process;

Fill in court request for GPS tagging - Annex P. As a minimum you must include the following information:

o The subjects name, address and telephone number o Any other relevant identification information known to the court o A short description of the offence i.e. Assault ABH, o The start and finish date of the requirement o Details of the requirement including a time slot and location for fitting the tag. o Contact details for the court

Once the form is completed please send it via secure email to [email protected]. Please ensure that that you include the following in the covering email:

o The form o Any maps that mark inclusion or exclusion zones o Your contact details in case the monitoring centre needs to contact you.

The monitoring centre may contact the court if the requirement is not clearly defined. Please ensure that where possible all relevant information is provided. If you need to speak to the monitoring centre please call 01442 271 021/2.

If the judge or magistrate has requested that the case be flagged as high risk, HMCTS staff must include this along with any relevant information in the notification to the monitoring centre.

Considerations for the monitoring centre Monitoring centre staff will receive forms and maps from the court via secure email. Upon receipt staff should;

Receive and log each new order and create (and then maintain) profiles on individual offender accounts, ensuring that all relevant information provided is recorded.

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Liaise with force field service teams to schedule attendance at a fitting appointment in line with the requirements of the order and within a maximum of 24 hours following the making of the order.

Identify and flag any high risk cases and input specific response where appropriate. Escalate any Health and Safety risks to supervisors and/or the centre manager for an

appropriate response. Fully review the data held when an alert is received to ascertain whether or not there has

been a confirmed breach of conditions. Record the incident and generate and send the relevant report/s to the responsible officer as soon as is practicable and appropriate to risk and in any case within 30 minutes of the alert Any breach report generate prior to the allocation of the case to a named responsible officer should be made to the NPS.

If appropriate, deploy or allocate appropriate field service staff to respond in accordance with agreed procedures.

If necessary, seize any tampered/damaged equipment and hold for evidential purposes in a secure place. If appropriate fit new equipment.

In the event of a recall to prison the monitoring centre will liaise with NOMS and ensure that the relevant wanted marker is placed on the Police National Computer. Once the marker is in place the monitoring centre will contact the Force Control Room and create an incident log for police enforcement.

In the event of a breach of court imposed bail the monitoring centre will liaise with the relevant Force Control Room and forward relevant evidential documents to create an incident log for police enforcement.

Upon an arrest the monitoring centre will liaise with the relevant police force and make arrangements to recover the GPS equipment prior to defendant attending court/returning to prison. If re-released a re-fit appointment will be made.

At the conclusion of an order the monitoring centre will arrange for the removal of GPS tagging equipment to coincide with the end of the order. This will be scheduled with field service teams and arranged with the subject to ensure that the tag is removed at an agreed time and location. The GPS equipment will be recovered and returned to the monitoring centre for cleaning/maintenance and return to stock for redeployment.

Standalone location monitoring The Monitoring Centre will be the responsible officer for all EM standalone location monitoring single requirement orders. This is any order where the only condition is a requirement to monitor the location of the subject. In such cases, the monitoring team will be responsible for;

issuing warning letters determining whether breach proceedings are necessary.

If the monitoring centre determines that breach proceedings are necessary then the monitoring team will submit a breach report to the Enforcement Officer in the National Probation Service so that a breach application may be lodged at Court.

Considerations for the NPS/CRCs The NPS/CRC should supply named contacts for the monitoring centre as soon as

possible. Any breach report prior to case allocation will be made to the NPS. The monitoring centre will send the responsible officer reports indicating whether or not

the subject has complied with the conditions set. You will need to ensure that the

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monitoring centre has the contact information for the responsible officer. This should be provided by HMCTS or by the NPS/CRC .

Where the subject has breached their order the monitoring centre will get in touch with the responsible officer (if named), the NPS/CRC, or, if out of hours, through the out of hours line.

You could receive the following types of breach report: o Failure to install a tag and/or home beacon. Field service officers may make more

than one attempt to fit the tag and install the home beacon before notifying you, if this is the case details of each attempt will be provided.


reminders to charge before informing the NPS /CRC of a failure to charge.). o A breach of a requirement monitored by GPS such as an inclusion or exclusion

zone

The NPS/CRC must inform the monitoring centre of the outcome of any breach referral so that they can update their systems.

Considerations for the monitoring centre (breaches) In the event of a confirmed breach the expectation is that monitoring centre will contact the responsible officer immediately (within 30 minutes of the alert) with details of the breach. Initial contact can be made over the telephone. This should be followed up by a formal documented breach report which gives the responsible officer full information about the known circumstances of the breach. The responsible officer will take a decision on the next steps.

In some circumstances it may be appropriate to make telephone contact with the offender or for field service officers to be deployed to the address or last known location of the offender. Examples of this are:

o A tamper alert where the monitoring centre knows the location of the offender and can replace the tag.

o Indications of equipment failure, relating either to the tag or the home beacon o Cases where the tag has not moved for a prolonged period of time o Cases where the offender has failed to charge the tag and is not responding to vibrate

requests for a callback. o Cases where the offender has contacted the monitoring centre with a problem. o Spot checks of the equipment

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Section 3: Early Release from Prison (Those Offenders Eligible for Home Detention Curfew)

All agencies should review the GPS specific process maps at Annex 1.

An overview of the HDC process for the benefit of staff unfamiliar with the process is at Annex D.

Considerations for NPS and CRCs Comments on suitability for release on HDC should be submitted as normal with home circumstances reports but in cases where the offender manager is minded to object to release, consideration should be given to whether the identified risks might adequately be managed by GPS location monitoring. See the guidance on PSRs for more detail on when GPS may be suitable.

Considerations for Prison Governors and staff For most offenders, existing processes and equipment will be used and EMS will carry out the monitoring of an HDC case as usual. It is only in cases where there is a decision to release on a GPS tag that the new processes set out below must be used and even in those cases existing process should be followed except as indicated.

The prison will seek the views of the relevant CRC or the NPS on the suitability of the address put forward by the offender for HDC and, in 12 months plus cases, of the suitability of the offender for release. The CRC or NPS may recommend additional GPS conditions at this stage.

In cases where the HDC board is minded to recommend refusal on risk grounds, consideration should be given to whether the risks identified by the offender might be adequately managed via GPS tag. The offender manager must be consulted in any case where the Board is minded to recommend use of the GPS tag.

GPS tracking should not be used as an additional condition in cases where the offender would have been released on HDC anyway under a curfew monitored by EMS. The decision maker must be of the view that it is the additional GPS location monitoring capability that makes the difference between a refusal and a grant of HDC. For example, where there is a need for an exclusion zone but the individual is assessed as unlikely to comply with that condition without electronic location monitoring.

Notification of the HDC decision The prison will notify the NPS/CRC and the Monitoring Centre of any decision to release on GPS tag with details of the curfew address, additional location monitoring conditions and date of release up to 2 weeks prior to the release date. A Licence bearing details of NPS/CRC offender manager will be issued to all parties on or shortly before release. An example copy of a licence is at Annex E.

The prison must record the decision to release with a GPS tag and the reasons for doing so in the HDC4. [and separately in a note to the central data collection point for the pilot]

Installation On the day of release, the subject will be required to be at the curfew address before the start of curfew and wait for the monitoring team to attach the tag and install the equipment. This should be done before midnight. If the subject is absent, the team should notify the

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Public Protection Casework Section of NOMS (PPCS) but also return to the curfew address during the next curfew period (again before midnight) to try to install once more. This should be repeated until the equipment is installed or PPCS have decided to recall the subject.

Considerations for the monitoring centre

Enforcement and Monitoring compliance This is different with HDC.

Offenders released on HDC will have a licence that contains both curfew and general conditions. The curfew conditions will expire at the half way point of the sentence, whilst the general conditions (including any specific GPS location monitoring conditions), will remain in force until the end of the sentence.

The monitoring centre will report violations of curfew conditions to PPCS. Potential breaches of other conditions that are identified via location monitoring (e.g. breach of exclusion zone), and any other non-compliance not related to curfew which the monitoring centre identifies, will be reported to the offender manager to consider action via the usual breach processes for non-curfew conditions.

The monitoring centre may authorise absences from the curfew address and issue warnings in relation to minor curfew violations in the circumstances prescribed in annexes F and G. (An example of a monitoring centre warning letter is at annex H). Otherwise, it is for PPCS to determine whether recall and they may contact the monitoring centre as well as NPS/CRC in coming to their decision

Appeals against recall The Appeals team in the Ministry of Justice may request further details about the circumstances leading to a breach report being submitted to PPCS. The Appeals team is also the HDC policy helpline team and are happy to receive enquiries about HDC policy and practice. The contact details are: [email protected] Tel: 0203 334 5044/4689 Considerations for the Monitoring centre Curfew specific guidance Offenders released early on HDC may be recalled under section 255 of the Criminal Justice Act 2003 where it appears that:

i. That there is a failure to comply with the curfew condition or

ii. The offender’s whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew conditions included in the licence.

Breach of Curfew Conditions The GPS Monitoring Centre must contact the HDC Recall Team in PPCS:

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[email protected]

Tel: 020 3334 0742/020 3334 0653/020 3334 0549 who will decide whether to revoke the licence within 24 hours.

The following constitutes a level 1 violation that must trigger immediate breach action by the contractor:

• Serious infringements of the curfew or other licence conditions such as being absent for an entire curfew period;

• Assaulting or threatening to assault a member of the field staff; or

• Intentional destruction of the monitoring equipment.

Other infringements, such as the following will constitute a level 2 violation:

• Shorter absences in one curfew period;

• Intentional tampering with the equipment (but to a lesser degree than that covered by level 1); or

• A number of very short absences over the length of the monitoring and curfew period.

Following a level 2 violation the GPS monitoring centre must issue a warning letter to the offender. Two level 2 violations will trigger breach action.

Inability to Monitor The inability to electronically monitor a subject on a curfew could arise in three ways:

• Installation failure – inability to install the monitoring equipment at the curfew address, either for technical or practical reasons;

• Monitoring Failure – inability electronically to monitor the subject (e.g. failure of monitoring equipment to operate as required); or

• Change of circumstances – the subject is unable to reside at the original approved curfew address (e.g. the householder/landlord/hostel manager has withdrawn consent for the subject to remain at the address).

Breach of GPS Licence Conditions (an inclusion or exclusion zone) Offenders deemed suitable for release on HDC with an additional GPS condition will largely be the responsibility of CRCs. If the HDC offender has breached a condition monitored by GPS then the GPS monitoring centre must contact the responsible officer who may request the offender’s recall by completing the Recall Report (Part A) contained in the Recall and Review Report (Annex X) and submitting it to the appropriate Recall Team in PPCS.

Section 4: Offenders who have been released on licence who may otherwise be recalled to prison All Agencies should review the process map at Annex 2 of this toolkit

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Considerations for NPS/CRCs Setting a GPS condition In certain cases where consideration is being given to a variation of conditions for an offender already on licence, you may wish to consider recommending the use of GPS tagging to support a new condition. In particular this may be relevant to offender that you might otherwise recall to prison. Examples of how GPS can be used effectively are:

To monitor an exclusion or inclusion zone or a series of inclusions and exclusions To create a schedule for the offender, attendance at which can be monitored by GPS

For more details please see the case studies at Annex A.

Where you wish to add a GPS condition you should follow the usual procedure for variation of conditions with the following exceptions:

Where you are recommending an inclusion or exclusion zone it is helpful to include a local map with the proposed zone marked clearly on it.

The following conditions should be included as standard conditions to support the use of a GPS Tag along with any specific conditions relating to the offender:




o The subject must keep the home beacon plugged in, in the position selected by the field officers and must maintain a constant electricity supply to it.



o Allow any person nominated by the supervising officer to check whether the electronic device or equipment associated with electronic monitoring is working correctly.

Upon receipt of licence from PPCS Where allocating an appointment time for a fitting please contact the monitoring centre

for a suitable slot on [telephone number] or [email protected] Conditions, a scanned map and full details about the offender should be emailed to

the monitoring centre address above.

Monitoring the offender and notification of breaches Once the offender is tagged the monitoring centre will provide you with compliance reports.

The monitoring centre will also contact you if the offender breaches his or her conditions. As the responsible officer you may receive notification of the following types of breach ;

o Failure to install a tag and/or home beacon. Field service officers may make more than one attempt to fit the tag and install the home beacon before notifying you, if this is the case details will be provided.

o An attempt to tamper with or remove the tag or tamper with the home beacon. o A confirmed unauthorised removal of the tag.

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o Disconnection of the home beacon from the power supply. o A failure to charge the tag (the monitoring centre may issue warnings and

reminders to charge before informing the NPS /CRC of a failure to charge.). o A breach of a condition monitored by GPS such as an inclusion or exclusion zone,

or non-association condition. Local field services will carry out fitting and removal of tags and may visit the subject if


If the subject breaches another condition that is unrelated to the condition being monitored by the tag and you take a decision to recall the offender please notify the monitoring centre on 01442 271 021/2 to inform them of the decision so that arrangements can be made to recover the tag.

Section 5: Offenders being considered for re-release following a recall All agencies should review the process map at Annex 4 of the toolkit.

Considerations for NPS/CRCs Setting a GPS condition In certain cases where consideration is being given to the re-release of an offender who has been recalled to prison, you may wish to consider recommending the use of GPS tagging in order to more effectively monitor a licence condition. Examples of the effective use of GPS are;

To monitor an exclusion or inclusion zone or a series of inclusions and exclusions To create a schedule for the offender, attendance at which can be monitored by GPS


Where you wish to recommend a GPS condition as part of a risk management plan you should follow the usual procedure with the following exceptions:









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Upon receipt of licence conditions from the prison Where allocating an appointment time for a fitting please contact the monitoring centre

for a suitable slot on [telephone number] or [email protected]. Usually this will take place at the offenders home address after release

Once agreed, the conditions, a scanned map and full details about the offender should be emailed to the monitoring centre address above.


The monitoring centre will also contact you if the offender breaches his or her conditions. As the responsible officer you may receive notification of the following types of breach;






If the subject breaches another condition that is unrelated to the condition being monitored by the tag and you take a decision to recall the offender please notify the monitoring centre on 01442 271 021/2 to inform them of the decision so that arrangements can be made to recover the tag.

Section 6: Certain cases being considered for release by the Parole Board All agencies should review the process map at annex 3 [and 3A] of this toolkit

Considerations for NPS/CRCs Setting a GPS condition In certain cases where consideration is being given to the release of an offender who is serving an indeterminate sentence (life sentence or IPP), you may wish to consider recommending the use of GPS tagging in order to more effectively monitor a condition. Examples of the effective use of GPS are;

To monitor an exclusion or inclusion zone or a series of inclusions and exclusions; and To create a schedule for the offender, attendance at which can be monitored by GPS.


Where you wish to recommend a GPS condition as part of an offender managers report you should follow the usual procedure with the following exceptions:


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Upon receipt of licence conditions from the prison Where allocating an appointment time for a fitting please contact the monitoring centre

for a suitable slot on [telephone number] or [email protected]. Usually this will take place at the offenders home address after release

Once agreed, the conditions, a scanned map and full details about the offender should be emailed to the monitoring centre address above.


The monitoring centre will also contact you if the offender breaches his or her conditions. As the responsible officer you may receive notification of the following types of breach;





there is a problem with the tag or if the subject has failed to charge the tag. If the subject breaches another condition that is unrelated to the condition being monitored

by the tag and a decision is taken to recall the offender please notify the monitoring centre on 01442 271 021/2 to inform them of the decision so that arrangements can be made to recover the tag.

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Wearer literature BeNCH leaflet – for display in prisons, probation and CRC offices in the BeNCH area - Annex K

Midlands leaflet – for display in legal, probation, CRC offices and courts in the Midlands area – Annex L First 24 hour leaflet – for issue by decision maker at the time of tag approval – Annex M Handbook – for issue by the field staff at the time of tag application – Annex N Fair Processing Notice - for issue by the field staff at the time of tag application – Annex O

Contact Details

Pilot team

Jon Vellacott –[email protected] - 07807 509777

Russ Crooks – [email protected] - 07968 908032

Naomi Jeacock – [email protected] - 07422 076573

David Cain - [email protected] – 07702 141602

Craig Flint - [email protected] – 07710 916872

[email protected]

Monitoring Centre

Hemel Hempstead Police Station

Combe Street

Hemel Hempstead

Herts

HP1 1HL

01442 271021/2

[email protected]

3M

Matt Prevett - [email protected] - 07808 781945

Ariel Merzer [email protected] - 07805 744045

EM GPS Pilot Toolkit (003)

Documents

Transcript of EM GPS Pilot Toolkit (003)