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Analysis of Responses to Electronic Monitoring in Scotland - a Consultation on Proposals for Legislation

Description
ISBN9781788512237
Official Print Publication Date
Website Publication DateSeptember 14, 2017

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Linda Nicholson, The Research Shop, 2017

ISBN 978 1 78851 223 7 (Web only publication)
PPDAS 295706

This document is also available in pdf format (562KB)

Contents

1. Executive Summary
Views on exploiting the opportunities afforded by new technologies
Views on extending the use of electronic monitoring in a community setting
Views on electronic monitoring as an alternative to remand and support to pre-trial conditions
Views on information and data sharing and retention
Views on electronic monitoring equipment
Views on impact of the proposal on equality, costs and the environment

2. Introduction
Background
Consultation responses
Analysis of responses
Structure of the report

3. Exploiting the Opportunities Afforded by New Technologies
Question 1: Do you agree that we should introduce legislation to permit the use of GPS technology for electronic monitoring?
Question 1a: Please give reasons for your answer
Question 1b: Who do you consider should determine which technology (radio frequency (RF) or GPS) should be used in each case? Judiciary? Scottish Prison Service? Criminal Justice Social Work? Other?
Question 1c: What factors do you think should be taken into consideration when deciding which technology should be used?
Question 2: What response, if any, should there be to an infringement of a buffer zone?
Question 3: Do you agree that we should introduce legislation to permit a voluntary GPS scheme?
Question 3a: If you answered yes, who should be eligible, how would this operate and who should manage the scheme?
Who should be eligible?
How would this operate?
Who should manage the scheme?
Concerns
Question 4: Should alcohol monitoring be permitted as part of an electronic monitoring programme?
Question 4a: Please give reasons for your answer.
Views of those with concerns over introducing alcohol monitoring as part of electronic monitoring
Question 4b: If you answered yes to Question 4, in what circumstances do you think alcohol monitoring would be appropriate?

4. Extending the Use of Electronic Monitoring in a Community Setting
Question 5: Should electronic monitoring be an optional requirement of a CPO when it is initially imposed?
Question 5a: Please give reasons for your answer.
Question 6: Should electronic monitoring be introduced as an alternative to a fine?
Question 6a: Please give reasons for your answer.
Views supporting electronic monitoring as an alternative to a fine
Views opposing electronic monitoring as an alternative to a fine
Question 7: Should electronic monitoring be permitted as a condition of a SOPO?
Question 7a: Please give reasons for your answer.
Question 8: Should electronic monitoring be introduced as a possible condition of a RSHO?
Question 8a: Please give reasons for your answer.
Question 9: Should electronic monitoring be introduced as a possible condition of a SDS?
Question 9a: Please give reasons for your answer.
Views in favour of electronic monitoring being introduced as a possible condition of a SDS
Concerns over electronic monitoring being introduced as a possible condition of a SDS

5. Alternative to Remand and Support to Pre-Trial Conditions
Question 10: Should electronic monitoring be introduced as an alternative to remand?
Question 10a: Please give reasons for your answer.
Perceived benefits of electronic monitoring as an alternative to remand
Qualified support
Concerns and challenges
Question 10b: If you answered yes to Question 10, when would you consider this appropriate?
Question 11: Should electronic monitoring be permitted as a condition of Police Liberation or Investigative Liberation?
Question 11a: Please give reasons for your answer.
Views in favour of proposal
Concerns over the proposal
Question 11b: If yes, when would you consider this appropriate?

6. Extending the Use of Electronic Monitoring for the Purposes of Temporary Release from Prison
Question 12: Should electronic monitoring be permitted as a condition of temporary release from prison?
Question 12a: Please give reasons for your answer.
Views in favour of electronic monitoring for temporary release from prison
Views against electronic monitoring for temporary release from prison
Question 12b: If you answered yes, when would you consider this appropriate?

7. Information and Data Sharing and Retention
Question 13: Should the data collected only be for the purpose of monitoring compliance with an order or licence condition, or should it also be used for other purposes such as the investigation of crime? Please include reasons for your answer.
Question 13a: What appropriate safeguards should be put in place for the collection, use, retention and destruction of data?

8. Electronic Monitoring Equipment
Question 14: Who should be responsible for the safe return of the monitoring equipment?
Question 14a: Should there be sanctions for not doing so?
Question 14b: If you answered yes, what do you consider these sanctions to be?
Question 14c: If the sole key holder to a property is not available, should a legal right of access be given to Scottish Ministers (and their agents) to enter a property to recover their equipment?
Question 14d: If you answered yes, should this access only be via a court warrant?
Question 14e: Please include any further comments below
Views in favour of access only via a court warrant
Views opposed to access only via a court warrant

9. Impact Assessments
Question 15: Please tell us about any potential equality impacts, either positive or negative, that you consider the proposals in this consultation may have.
Views on potential positive equality impacts
Question 16: Please tell us about any potential costs and burdens that you consider may arise as a result of the proposals within this consultation.
Question 17: Please tell us about any potential impacts, either positive or negative, that you consider that any proposals in this consultation may have on the environment.

Annex 1: Respondents