
2025 No. 11
Criminal Law
The Electronic Monitoring (Use of Devices and Information) (Scotland) Regulations 2025
Made 21st January 2025
Coming into force 31st January 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9(1)(a) and (b) and 15(1) of the Management of Offenders (Scotland) Act 2019 and all other powers enabling them to do so.

In accordance with section 15(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Electronic Monitoring (Use of Devices and Information) (Scotland) Regulations 2025 and come into force on 31 January 2025.
(2) In these Regulations—
 “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993,
 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,
 “the 2019 Act” means the Management of Offenders (Scotland) Act 2019,
 “the 2020 Regulations” means the Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020,
 “RF approved device” means the types of electronic devices listed in regulation 2(2) and (4)(a), (c) and (d) of the 2020 Regulations,
 “GPS approved device” means the types of electronic devices listed in regulation 2(4)(b) to (f) of the 2020 Regulations.
Use of a GPS approved device
2 

(1) A GPS approved device may be used when the circumstances in paragraph (2) or (3) apply.
(2) The circumstances are—
(a) the Scottish Ministers have required a person to submit to monitoring by means of an approved device under section 5(1) of the 2019 Act,
(b) the monitoring is in relation to that person’s compliance with a condition of a sort mentioned in section 7(1)(b) of the 2019 Act, and
(c) the condition is included in a licence granted under section 3AA(1) of the 1993 Act.
(3) The circumstances are—
(a) the Scottish Ministers have required a person to submit to monitoring by means of an approved device under section 5(1) of the 2019 Act,
(b) the monitoring is in relation to that person’s compliance with conditions of a sort mentioned in section 7(1)(a) and (b) of the 2019 Act, and
(c) the conditions are included in a licence granted under section 3AA(1) of the 1993 Act.
Use of an RF approved device
3 
An RF approved device may be used when a person is required to submit to monitoring of their compliance with a specified aspect of—
(a) a disposal listed in section 3(2) of the 2019 Act by a court under section 1(1) of the 2019 Act, or
(b) a relevant condition of a sort mentioned in section 7(1) of the 2019 Act by the Scottish Ministers under section 5(1) of the 2019 Act.
Use of information obtained through monitoring a person by means of a GPS approved device or an RF approved device
4 
Information obtained through monitoring a person by means of a GPS approved device or an RF approved device may be—
(a) retained by or on behalf of the Scottish Ministers for a maximum period of 12 years beginning with the date on which the information was obtained,
(b) shared by, or on behalf of, the Scottish Ministers for the purpose of—
(i) the prevention, investigation, detection or prosecution of crime,
(ii) informing a court, a supervising officer or a relevant officer that the person being monitored has failed to comply with a requirement of an order made under sections 209, 227A(2)(j), 234CA(1) or 245A of the 1995 Act,
(iii) the consideration by the Parole Board for Scotland of that person’s case referred to it by the Scottish Ministers under sections 17(3) or 17A(3) of the 1993 Act,
(iv) the provision by a local authority of a service in respect of that person under section 27(1)(b) of the Social Work (Scotland) Act 1968,
(v) the assessment and management of the risk posed by that person under section 10 of the Management of Offenders etc. (Scotland) Act 2005.
ANGELA CONSTANCE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
21st January 2025