Statutory Instrument 1998 No. 1802 (S. 94)

The Restriction of Liberty Order (Scotland) Regulations 1998

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© Crown Copyright 1998

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Prescribed courts
     3. The courts which are prescribed for the purposes of making restriction of liberty orders are those listed in Schedule 1 to these Regulations.

Methods of monitoring compliance with restriction of liberty orders
     4. Compliance of an offender with the requirements of a restriction of liberty order which has been made in respect of him may be monitored by the following methods-

(a) radio and electronic monitoring of an offender's presence at or absence from a place of curfew by means of a regular radio signal transmitted by a transmitter device attached to the offender with the transmitted signal received by a radio receiving and monitoring device located at the place of curfew, with the relevant information received and processed by said radio receiving and monitoring device periodically passed by telephone line to a central computer at a monitoring centre;

(b) radio and electronic monitoring of an offender's presence at or absence from a place of curfew by a mobile receiver which receives radio signals transmitted by transmitter device attached to the offender;

(c) monitoring the offender's whereabouts by periodic telephone calls to the offender at a particular location with secondary verification of the identity of the offender by verification against stored personal details; and

(d) monitoring the offender's whereabouts by random visits to the offender's place of curfew during periods of restriction,

but the methods of monitoring referred to in (b), (c) or (d) shall not be used unless it is not reasonably practicable to use the method described in (a) except that the method referred to in (c) may be used as a back-up method of monitoring where method (a) is also being used.

Specified devices which may be used for monitoring compliance with requirements of a restriction of liberty order
     5. For the purposes of section 245C(3) of the Act the devices listed in Schedule 2 to these Regulations are specified and may be used for the purpose of remotely monitoring the compliance of an offender with the requirements of a restriction of liberty order.


Henry McLeish
Minister of State, Scottish Office

St Andrew's House, Edinburgh
17th July 1998