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The Restriction of Liberty Order (Scotland) Regulations 1998

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Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under sections 245A(8) and 245C(3) of the Criminal Procedure (Scotland) Act 1995 as inserted by section 5 of the Crime and Punishment (Scotland) Act 1997, regulate aspects of the monitoring by electronic and radio devices the compliance of offenders with requirements of restriction of liberty orders.

Regulation 3 and Schedule 1 prescribe which courts may use these monitoring methods. As at 17th August 1998 only the sheriff courts at Aberdeen, Peterhead and Hamilton will be empowered to use these methods, but it is expected later to extend the scheduled courts by amendment to the Schedule depending on the success or otherwise of operating the devices at those sheriff courts.

Regulation 4 sets out what monitoring methods may be used.

Regulation 5 and Schedule 2 specify what devices may be used for monitoring.

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