
2021 No. 330
Criminal Law, England And Wales
The Compulsory Electronic Monitoring Licence Condition Order 2021
Made 15th March 2021
Laid before Parliament 17th March 2021
Coming into force 12th April 2021
The Secretary of State, in exercise of the powers conferred by sections 62A(1), (2) and (3) and 76(3) of the Criminal Justice and Court Services Act 2000, makes the following Order:
Citation, commencement and interpretation
1 

(1) This Order may be cited as the Compulsory Electronic Monitoring Licence Condition Order 2021 and comes into force on 12th April 2021.
(2) In this Order—
 “the 2003 Act” means the Criminal Justice Act 2003;
 “qualifying offender” means a person described in Article 2;
 “specified area” means a police area specified in Schedule 1;
 “specified period” means the period described in Article 4.
Qualifying offender
2 
This Order applies to a person who—
(a) is a fixed-term prisoner, within the meaning of section 237(1) of the 2003 Act (meaning of fixed-term prisoner), released on licence on or after the commencement of this Order;
(b) is serving a sentence of imprisonment—
(i) for a determinate term of  90 days  or more subject to release on licence under section 244 of the 2003 Act (duty to release prisoners);
(ii) in respect of an offence specified in Schedule 2; and
(iii) in the case of a person serving two or more sentences of imprisonment, that sentence is the longest  or equal longest term;
(c) from any release, will be on licence for a period of 30 days or more;
(d) is required to reside on licence ... within a specified area;
(e) has not previously had an electronic monitoring condition included in any licence in respect of the same sentence in accordance with this Order for the specified period; and
(f) to the satisfaction of the Secretary of State, is not otherwise unsuitable for electronic monitoring.
Compulsory electronic monitoring condition
3 
An electronic monitoring condition must be included in the licence of a qualifying offender for the specified period.
Specified period
4 
The specified period—
(a) commences on the date a qualifying offender is first released on licence pursuant to—
(i) section 244 of the 2003 Act;
(ii) section 246 of the 2003 Act (power to release prisoners on licence before required to do so); or
(iii) sections 255B, 255C or 256A of the 2003 Act (further release after recall); and
(b) continues to the earlier of—
(i) any of the conditions described in Article 2 not being met;
(ii) the end of sentence; or
(iii) 12 months from the date of first release referred to in paragraph (a), excluding any period where the qualifying offender is no longer released on licence.
Kit Malthouse
Minister of State
Ministry of Justice

SCHEDULE 1
Specified Areas
Article 1(2)
1 
Avon and Somerset
2 
Cheshire
3 
Gloucestershire
4 
Gwent
5 
Humberside
6 
West Midlands
7. 
Bedfordshire
8. 
City of London police area
9. 
Cumbria
10. 
Derbyshire
11. 
Durham
12. 
Essex
13. 
Hampshire and Isle of Wight
14. 
Hertfordshire
15. 
Kent
16. 
Metropolitan police district
17. 
North Wales
18. 
Nottinghamshire
19. 
Sussex
SCHEDULE 2
Specified Offences
Article 2(b)(ii)
1 
An offence under section 1 of the Theft Act 1968 of—
(a) theft from the person of another;
(b) theft from a motor vehicle;
(c) theft from a vehicle other than a motor vehicle;
(d) theft of a motor vehicle other than aggravated vehicle taking under section 12A of that Act.
2 
An offence under section 8 of that Act (robbery or assault with intent to rob).
3 
An offence under section 9 of that Act (burglary).
4 
An offence under section 10 of that Act (aggravated burglary).