New Electronic Monitoring Regulations for Scotland
November 22, 2024
The Scottish Government has introduced new regulations governing the use of electronic monitoring devices in Scotland. The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 will come into force on January 1, 2025.
Purpose and Scope
The purpose of these regulations is to update the existing Electronic Monitoring (Approved Devices) (Scotland) Regulations 2016, which have become outdated. The new regulations aim to improve the efficiency and effectiveness of electronic monitoring in Scotland, ensuring that the devices used are fit for purpose.
The regulations apply to any electronic monitoring device used for the purposes of:
- Criminal justice supervision
- Monitoring the location of individuals under judicial orders
- Managing the risk of harm to individuals or others
Key Changes
The key changes introduced by the new regulations include:
- Expanded list of approved devices: The regulations provide an updated and expanded list of approved electronic monitoring devices that meet the required standards for accuracy, reliability, and functionality.
- Enhanced security measures: The regulations introduce stronger security measures to safeguard the data collected by electronic monitoring devices, protecting the privacy of individuals.
- Improved calibration and maintenance procedures: The regulations set out clear procedures for the calibration and maintenance of electronic monitoring devices to ensure their continued accuracy and reliability.
- Increased flexibility: The regulations provide greater flexibility for the use of electronic monitoring devices, allowing for more tailored and individualized approaches to supervision and risk management.
Impact
The new regulations are expected to have a significant impact on the use of electronic monitoring in Scotland. They will improve the quality and reliability of electronic monitoring data, providing more accurate and timely information to criminal justice agencies and other relevant stakeholders.
The expanded list of approved devices will also give greater choice and flexibility to those responsible for implementing electronic monitoring programs. The regulations will also help to ensure that electronic monitoring is used in a fair and proportionate manner, respecting the privacy and rights of individuals.
Implementation
The Scottish Government will be responsible for implementing the new regulations through its Scottish Electronic Monitoring Service (SEMS). SEMS will work closely with relevant stakeholders, including criminal justice agencies, local authorities, and third-sector organizations, to ensure a smooth transition to the new regulations.
The Scottish Government will also provide training and support to those responsible for using electronic monitoring devices to ensure that they are used in accordance with the new regulations.
The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024
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