Criminal justice - electronic monitoring by GPS: information note

On 22 November Scottish Ministers laid regulations to enable the use of GPS monitoring devices. GPS monitoring will initially be available for eligible individuals who have been deemed suitable for release on Home Detention Curfew  (HDC) after the completion of an individualised risk assessment process. GPS will only be used within HDC where the HDC risk assessment concludes that GPS use will be appropriate and proportionate. If approved by Parliament, this could come into place from 31 January 2025.

The Scottish Government will evaluate GPS to determine the next steps for the development of the monitoring service and any future areas where GPS may be used.

Background

Electronic monitoring has a range of different uses in the criminal justice system. It was piloted in Scotland in 1998, before being rolled out nationally in 2002 as a Restriction of Liberty Order, which can only be imposed by Scottish courts.

Its use can help give people the opportunity to address their offending behaviour enabling them to fulfil the requirements of an order, or licence, while maintaining community connection to family, employment or education -  factors that are known to support a reduction in the likelihood of reoffending.

Since 2002, as confidence in the use of the technology increased, the use of electronic monitoring has also grown across the justice system. It is now used to monitor a number of different community disposals, as well as being included as a licence condition for specific prison release processes, like Home Detention Curfew.

Orders and licences 

Electronic monitoring can help support people reintegrating into their communities providing structure to an order or licence, but it also allows for swift responses from Police and other justice partners where any conditions are breached.   

A number of criminal court orders can include electronic monitoring, those include:

• a restriction of liberty order
• a community payback order
• a bail order
• a drug treatment and testing order

An individual may be released from prison 'on licence' to serve a part of their sentence in the community. The offender will have to follow certain conditions (rules) while on licence. Licence conditions can be set on the recommendation of the Parole Board for parole and non-parole licence, or by the Scottish Prison Service for Home Detention Curfew.

Home Detention Curfew

Home Detention Curfew (HDC) is a form of release from prison which allows eligible individuals sentenced to imprisonment to serve part of their prison sentence in the community, under licence conditions. Release on HDC will only take place once the individual has been deemed suitable following completion of the full HDC assessment process, including an assessment of the proposed release address. The main aim of HDC is to provide those leaving prison with a managed return to their communities, and this can be facilitated through use of curfew conditions and electronic monitoring.

Current service

The current electronic monitoring service in Scotland monitors those in the justice system using radio frequency technology. This radio frequency technology is an effective way to monitor an individual's presence at a place for up to 12 hours a day, or their remaining away from a place for 24 hours a day. Radio frequency (RF) technology remains a proven and effective technology for electronic monitoring.

There is now the opportunity to use new technologies to operate alongside the existing technology where it is considered appropriate.

GPS monitoring

GPS offers an opportunity to improve monitoring capability, for example through the ability to configure a wider range of exclusion zones, where these form part of an order or licence. 

Once introduced it will enable the Scottish Prison Service (SPS) to set exclusion zones as part of Home Detention Curfew (HDC) licence conditions. It will also enable them to monitor an individual’s compliance with those conditions whilst released on this licence. It is important to note that the inclusion of these types of conditions and exclusion zones will be based on the outcome of an individualised HDC risk assessment. This takes into account various information about an eligible individual, including information from Social Work, Police Scotland and from SPS systems.

Additional capabilities provided by GPS

GPS technology allows additional capabilities in monitoring location, specifically in relation to how exclusion zones are specified. Exclusion zones are areas that an individual would be required not to enter as a condition of their licence. Currently additional electronic monitoring boxes, known as ‘away from’ boxes can be deployed to addresses, other than the curfew (likely home) address. These monitor whether or not a person on HDC licence is staying away from premises they are required as a condition of licence to stay away from. GPS enables exclusion zones to be set without the need for an away from box and enables the exclusion of an individual from a wider geographical area. Rather than just one address these could be set around a specific street or a neighbourhood. GPS also allows more than one exclusion zone to be set for a person.

Using GPS technology to set exclusion zones can provide structure on reintegration and monitor patterns of behaviour linked to offending, where they relate to a location. 

License conditions

The use of GPS monitoring must be linked to geography, and it is a legal requirement that use must be linked to a person’s “whereabouts” in some way. It is vital that any geographic restrictions set (including any restrictions applying only at certain times) are carefully determined via the HDC assessment process, including the outcome of the individualised HDC risk assessment. This is so that the use of the technology is necessary and proportionate. 

Licence conditions in support of GPS monitoring shall require the GPS monitored person to ensure that the electronic monitoring device remains charged. They could also be required not to enter any area which they are excluded from entering as a condition of their licence.

The licence conditions for GPS are in addition to the standard conditions relating to HDC release, which electronic monitoring for curfew only. Standard conditions are also set in a way to help manage a number of other areas of behaviour.

It is anticipated those home curfews will remain in the main as 1900 to 0700 (adjusted as needed for work, caring or other similar factors).

Risk assessment

It is not intended that GPS monitoring will be used for every person who is deemed suitable for release on HDC. The decision to release is only  taken once suitably trained SPS assessors and decision makers have carried out an assessment of risk, utilising the risk assessment framework. This requires them to make a judgement about whether the assessed risk can be managed in the community and whether suitable accommodation is in place for the individual on release. An individual will only be subject to GPS monitoring when deemed necessary and proportionate to do so. The assessment includes assessment of the planned release address. Not all individuals who are eligible for HDC release are assessed as being suitable for release and those that are not will remain in custody until their earliest date of liberation.

When undertaking the full HDC assessment process, there will be consideration of whether and how GPS satellite tracking functionality would mitigate any specific risks identified during the risk assessment process. Care will be taken to ensure that conditions do not inadvertently interfere with other supportive factors e.g. family contact, employment or healthcare.

The assessment of risk within the HDC process should follow agreed practice standards that are outlined in the Framework for Risk Assessment, Management and Evaluation (FRAME) approach used in the Scottish justice system. This means that decision making is based on estimating the likelihood and potential impact of further offending. In order to do this, there should be consideration of the presence, relevance and context of risk factors. This will be accompanied by a determination about what risk management arrangements are available, and whether the identified risks can be managed in the community.

Risk assessment guidance

SPS risk assessment guidance will ensure that appropriate consideration is given at the assessment stage on whether GPS can be used to help manage identified risks in the community. Unless there are identified risks that GPS can help manage, then GPS will not be put in place, and any electronic monitoring will just be of (home) curfew. All individuals released on HDC will have an electronically monitored curfew using the traditional radio frequency functionality, although only one tag will be worn as the device is dual radio frequency/GPS functionality.

This guidance will reflect the principles which will have to be considered when deciding if an individual is suitable for release on HDC, with GPS monitoring in place. It will also contain new considerations around how SPS should respond to instances of non-compliance with associated licence conditions whilst an individual is in the community. 

Role of local authority justice social work

Justice Social Work already play a key role in the assessment of eligible individuals for HDC, by preparing Community Assessment Reports (CAR). Those are completed for all eligible individuals who are deemed suitable for release following the completion of the risk assessment process. The CAR feeds into the overall decision-making process as to whether or not a person can be released on HDC.

The key focus of the CAR is on the community aspects, particularly suitability of the accommodation and relevant information on the householder. This is also alongside considerations of conviction and any victim details, where relevant and available. The CAR also considers whether the individual being considered for release should be considered for restriction away from another area.

Social work considerations

Where SPS assessors indicate to Justice Social Work that GPS monitoring is proposed following the completion of the HDC risk assessment process, it will trigger additional considerations. These may include:

• whether, from knowledge of the local area or person, the proposed exclusion zone(s), or associated time restrictions, would make some aspect of the proposed routine for the person unmanageable. This might include exclusion from a place of work, or from a transport hub, or from a local area where the individual needs access for medical purposes
• whether the proposed zone could be varied to be better configured manage an identified risk or to support the individual’s reintegration into the community

Monitoring devices

Where someone is subject to a curfew to their home only, there will be no change, the same equipment will be used. Where there is a GPS element, they will wear a different device. This device will be able to move between monitoring using RF when the person is curfewed, and GPS where the person is away from that address.

The GPS equipment is slightly heavier than RF tags, due to increased battery demand. The person will be required to charge the device daily. A portable charger will be available so that they can remain mobile around the house while charging.

Privacy

The collection and processing of information is necessary to ensure that the individual is complying with the conditions placed upon them. This is based on the minimum amount of personal information required to monitor data subject compliance with the terms of the HDC release licence.

The information processed by the service provider is compliant with the UK GDPR principles, this information is processed lawfully, fairly and in a transparent manner in accordance with Article 6 of the UK GDPR.

Data protection

Personal data, including special category data and location data will be securely stored as is the case with the current service. All data is and will be owned by the Scottish Ministers, managed by the service provider under contract, with prescriptive conditions on when it can be lawfully shared with other justice partners. 

There are contractual requirements around the service provider information security arrangements, and penetration and vulnerability testing is carried out by an accredited third party tester. The service provider was also assessed against the Cyber Essentials Scheme Test Specification.

To ensure that this policy is compliant with data protection legislation, we have carried out a data protection impact assessment and have consulted with the Information Commissioners Office. The Regulations laid before Parliament specifically cover the use of information obtained through monitoring.

Aims

There are two central aims for the initial roll out of GPS monitoring, with a number of sub-aims:

Improving learning about GPS and processes needed in support of a GPS service in Scotland. This consists of the following aims:

• aim to establish a process of integrated exchange of geographical mapping information, to establish a shared tool that justice partners could use in support of GPS (in anticipation of wider roll out)
• aim to establish a battery charging regime and learn how compliance with charging is influenced by reminders
• aim to establish a way in which GPS data can be used in support of the process of compliance enforcement (breach of HDC) but also in evidencing any further offending (evidential proof standard established)

Improving learning about how the GPS functionality might support the aims of certain policies, in this case HDC. This consists of the following aims:

• aim to establish where this greater flexibility in monitoring can support the aims of HDC, in terms of reintegration on release
• aim to optimise the use of HDC more generally through this new functionality and potentially increase opportunities for eligible individuals to successfully obtain release on HDC

Evaluation

We will formally evaluate the impact of this approach in 2025 after a year of use. This first phase of the roll out of GPS will be deemed successful if it delivers the learning outlined above. There are ongoing mechanisms for collection of management information and feedback about the service throughout, so the service can be responsive to all aspects of operational practice.

The evaluation will help determine next steps for the service.

Consultation

There have been multiple consultations which have in included questions which relate to the potential introduction of GPS monitoring. This includes public consultation for the Management of Offenders (Scotland) Act 2019. 

We are committed to work with a range of partners – including the Scottish Prison Service, Police Scotland and local authorities - in order to ensure that the roll out of GPS is successful.  

See also:

• Regulations
• policy notes for these Regulations
• equalities impact assessment
• children’s rights and wellbeing impact assessment
• data protection impact assessment
• island communities impact assessment