Electronic Monitoring (EM)
Electronic Monitoring (EM)
- We believe that Electronic Monitoring (EM) could be used as a ‘mid-point’ between remand and bail, reflecting the fact that the choice between custody and community is currently too stark.
- We support legislative proposals to permit greater use of EM to allow more alleged offenders to be granted bail whilst they await trial. When used in lieu of remand, and as a means to reduce its staggeringly high percentage of the total prison population at this time, EM could avert the disruptive effects of imprisonment, such as loss of housing, benefits, employment and the erosion of supportive relationships.
- We acknowledge that EM alone will not provide a fix for the over-use of remand. An expansion of clear and sustainably funded bail support and supervision arrangements, which provide pre-trial stability, would need to be prioritised. EM could then be used as part of a suite of support, minimising the likelihood of breaches of bail conditions and keeping people out of prison until they have been convicted and sentenced. EM could then become part of a cultural shift towards reducing the use of custody for those who do not pose a risk of serious harm and, with the correct support in place, could keep families together.
- We are of the view that courts should be required to consider EM before deciding to refuse bail and that when a Court does decide to refuse bail, the reason why EM was felt not to be adequate should be recorded. With little information currently available about the decision-making around the granting of bail, this could add to the evidence base, helping to identify whether barriers to alternatives lie in a lack of judicial confidence in their provision or implementation. Reasons recorded should therefore be regularly reviewed and analysed, and where necessary, acted upon, in order to ensure that this does not become a mere administrative exercise. The recording of reasons why EM was not felt to be adequate should also act as a prompt to the Court to disrupt the use of remand in cases where the underlying causes of any alleged criminal offences will clearly not be addressed in a custodial environment. This acknowledges that whilst its independence must be protected, the Court also has a part to play in finding a solution to reduce Scotland’s bewilderingly high rate of remand.
- We do not believe that EM should be used as a necessary condition of bail, where there is no identified risk of harm, and where its use would therefore be more akin to surveillance, than supervision and support.