- Latest available (Revised)
- Original (As made)
The Criminal Justice (Northern Ireland) Order 2008
You are here:
- Northern Ireland Orders in Council
- 2008 No. 1216 (N.I. 1)
- PART 2
- CHAPTER 5
- Electronic monitoring
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes over time for: Cross Heading: Electronic monitoring
Alternative versions:
Changes to legislation:
The Criminal Justice (Northern Ireland) Order 2008, Cross Heading: Electronic monitoring is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 Pt. 1 para. 31A renumbered as 31(B) by 2022 c. 19 (N.I.) Sch. 4 para. 3(a)
- art. 19(1A) inserted by 2015 c. 9 (N.I.) s. 82
- art. 45(1A) inserted by 2011 c. 24 (N.I.) s. 58(2)
Electronic monitoringN.I.
Arrangements for establishing systems of electronic monitoringN.I.
39. The Secretary of State may make arrangements for establishing systems of electronic monitoring of persons subject to—
(a)curfew requirements; or
(b)other requirements relating to a person's whereabouts.
Electronic monitoring requirementN.I.
40.—(1) In this Part “electronic monitoring requirement” means a requirement for securing the electronic monitoring of a person's compliance with other conditions or requirements during a period of 14 days or more specified in the requirement or determined in accordance with the requirement by the person responsible for the monitoring.
(2) Where—
(a)it is proposed to impose an electronic monitoring requirement, but
(b)there is a person (other than the person who is to be subject to the requirement) without whose co-operation it will not be practicable to secure the monitoring,
the requirement shall not be imposed without that person's consent.
(3) An electronic monitoring requirement shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(4) Where an electronic monitoring requirement is required to take effect during a period determined by the person responsible for the monitoring, that person shall, before the beginning of the period, notify—
(a)the person subject to the requirement, and
(b)any person falling within paragraph (2)(b),
of the time when the period is to begin.
Modifications etc. (not altering text)
C1Art. 40 modified (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 97(3)
Availability of electronic monitoring arrangementsN.I.
41. A court shall not impose an electronic monitoring requirement unless the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in the area in which the place proposed to be specified in the requirement is situated; and
(b)is satisfied that the necessary provision can be made under those arrangements.
Modifications etc. (not altering text)
Provision of copies of electronic monitoring requirementN.I.
42. Where a court or the Secretary of State imposes an electronic monitoring requirement, the court or (as the case may be) the Secretary of State shall forthwith provide copies of the requirement—
(a)to the person who by virtue of Article 40(3) will be responsible for the electronic monitoring; and
(b)to any person to whom Article 40(2)(b) applies.
Modifications etc. (not altering text)
Options/Help
Print Options
PrintThe Whole Order
PrintThe Whole Part
PrintThe Whole Chapter
PrintThis Cross Heading only
You have chosen to open The Whole Order
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Order as a PDF
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Order
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.