The Management of Offenders (Scotland) Act 2019 (“the 2019 Act”) makes provision allowing the courts when making certain disposals to require a person to submit to electronic monitoring of their compliance with a condition of their disposal. The Scottish Ministers can do the same for an individual being released from custody on licence. Section 8 of the 2019 Act gives the Scottish Ministers the power by regulations to prescibe “approved devices” which can be used for electronic monitoring. The types of electronic devices which are approved devices are prescribed in the Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020. Section 9 of the 2019 Act gives the Scottish Ministers the power to make provision about how approved devices may be used and how information obtained through that use may be used. These Regulations do that.
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