Source · Select Committees · Human Rights (Joint Committee)
Recommendation 162
162
Rejected
recommendation Given the severe infringement on the right to privacy posed by the imposition of...
Recommendation
recommendation Given the severe infringement on the right to privacy posed by the imposition of electronic monitoring, the threshold test for electronic monitoring should be one of “necessity and proportionality”, not whether it is “appropriate”. Clause 52 should be amended accordingly. (See Amendment 18, Annex). 201 Open Rights Group,, p4 202 Migrant Help Q6 203 Migrant Help Q6 58 Interim SCPOs
Government Response Summary
The government rejects the recommendation to change the threshold test for electronic monitoring to 'necessity and proportionality', stating that the existing 'appropriate' test is sufficient as courts must interpret it in line with ECHR and other safeguards.
Government Response
Rejected
HM Government
Rejected
It is important to clarify that the imposition of electronic monitoring as part of a Serious Crime Prevention Order (SCPO) is not intended as a standalone punitive measure, rather as a means of monitoring compliance with other conditions of the order. Although the Bill uses the term “appropriate” as the test for imposing requirements such as electronic monitoring, courts are still required to interpret and apply that test in a way that is compatible with the ECHR, as required by the Human Rights Act 1998. Under the Serious Crime Act 2007, SCPOs can include any requirements which the court considers appropriate for the purpose of protecting the public by preventing, restricting, or disrupting involvement in serious crime. It will be for the court to determine whether electronic monitoring is an appropriate condition in each individual case, taking into account all relevant facts. All necessary safeguards, such as judicial scrutiny, a Data Protection Impact Assessment, and the ability of the individual to seek variation or discharge, will ensure that the use of electronic monitoring complies with Convention rights.