President proclaims Electric Monitoring Act; ankle bracelets can now be used by the court

President proclaims Electric Monitoring Act; ankle bracelets can now be used by the court

The courts will soon be using electronic monitoring devices as a condition of bail, probation or community service.

This as amendments to the 2012 Administration of Justice (Electric Monitoring) Act has been proclaimed by President Paula-Mae Weekes.

The President proclaimed the amendments to the act on September 18, bringing them into operation.

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Tenders went out in May for the supply, delivery commissioning and maintenance of electronic monitoring solutions.

According to reports, three new clauses were inserted in section 10.
That section says the courts may impose a sentence of electronic monitoring for an offence committed, or in lieu of a sentence, or part of a sentence of imprisonment.

The court can now use electronic monitoring as a condition for bail or part of a protection order under the Domestic Violence Act.
It now enables the court to ask people who apply for protection orders, if they consent to being fitted with a protection device, and if they consent, they will have to complete a form indicating they understand the purpose of the device and accept responsibility for its use and care.

In April, Al-Rawi said perpetrators of domestic violence would be required to wear a monitoring device as well as victims, once there is an accepted application by the victim. If the offender should come within a certain proximity of the victim, both parties, as well as law enforcement would be notified.

Rules were also set out by Legal Notice 325, issued on September 21, to give guidelines to the Judiciary on the best practices for the application of the Electronic Monitoring Act, in criminal cases, domestic violence cases and under rules for family proceedings and rules in the Children’s Court.

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