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  4. Matheson promises expansion of electronic tagging

Matheson promises expansion of electronic tagging

4th October 2016 | criminal law

Further use of electronic tags to help reduce reoffending levels was announced today by Justice Secretary Michael Matheson.

His decision follows the recommendations of a working group on how latest technology, and international research, can be used to monitor people as part of their sentence, in addition to the home detention curfew for which it was introduced.

GPS tracking will be introduced in addition to the current radio frequency technology used for home detention, to permit electronic tagging to be used in addition to community payback orders and other measures, to tackle a person’s offending behaviour while restricting their movements.

Ministers will also look at how electronic monitoring could be used ahead of sentencing in cases where the crime would be unlikely to result in a custodial punishment.

Among other future uses proposed by the working group are:

  • community reintegration following prison
  • alternative to remand
  • alternative to short prison sentences
  • voluntary scheme for persistent offenders
  • alternative to secure care for young people
  • alternative to fines
  • condition of a sexual offences prevention order; and
  • condition of a risk of a sexual harm order.

For those in custody, electronic monitoring could be used on some occasions for work placement, home leave, future female community custody units and preparing for release from prison.

Amendments to primary legislation will be necessary to enable all of the recommended future uses. In addition, the working group recommends removing two statutory exclusions for home detention curfews; electronic monitoring as a requirement of a community payback order; amending data protection and other legislation to allow for the introduction of GPS technology; enabling legislation to provide for a demonstration project on alcohol monitoring technology; and redefining a restriction of liberty order as a standard standalone community sentence as opposed to an alternative to custody.

Mr Matheson commented: “The overwhelming message from the experts is that Scotland could significantly reduce reoffending by better use of electronic tagging and emerging monitoring technology. I welcome all of the recommendations the panel has made and am determined that we seize this opportunity to reduce crime even further and make our communities safer.

“Effective community sentences have driven Scotland’s reoffending rate down to a 17 year low using smarter, more effective interventions. The potential of combining community sentencing alternatives with tagging will allow us to hold people to greater account during their sentence and focus on rehabilitating them."

Stirling University criminologist and electronic monitoring researcher Dr Hannah Graham, who carried out the report studies, added: “Tagging and curfews alone don’t address the underlying reasons why people commit crime, so the working group’s recommendations are welcome for how they emphasise integration with rehabilitative supports to help leave crime behind.

“There is a disproportionately high rate of people on remand in prison in Scotland. The recommendation to introduce electronic monitoring as an alternative to remand opens up extra opportunities to address this issue by closely monitoring and supporting more people in the community pre-trial, without losing sight of the need to ensure public safety.

“This announcement and the working group’s recommendations show Scotland taking a more European approach to electronic monitoring, learning from the Dutch goal-oriented approach and leading Scandinavian examples. There is good evidence underpinning these countries’ approaches, and I would argue this is a better and bolder direction for Scotland to pursue.”

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