Source · Select Committees · Human Rights (Joint Committee)
Recommendation 19
19
Rejected
Given the severe infringement on the right to privacy posed by the imposition of electronic...
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). (Recommendation, Paragraph 162)
Government Response Summary
The government rejected the recommendation to change the threshold test for electronic monitoring from "appropriate" to "necessity and proportionality" in Clause 52. It stated that courts must interpret the "appropriate" test compatibly with the ECHR, and existing safeguards ensure compliance with Convention rights.
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.