Download as pdf or txt
Download as pdf or txt
You are on page 1of 9

Electronic Monitoring

A guide for criminal justice


professionals
Content Introduction

1. Sentencing purposes Page 4 Electronic Monitoring, or ’tagging’, is an established


and key tool for criminal justice agencies by
monitoring people in the community who are
2. Changing lives: Page 6 subject to a curfew.
Multi-requirement Community Order
It provides a robust, disciplined and cost-effective
means of monitoring subjects who are carrying out
3. How electronic monitoring works Page 8 community sentences, are on bail pending a court
hearing, or who have been released from prison or
youth custody and are subject to licence conditions.
4. Changing lives: Page 11
Single-requirement Community Order

5. Myth busting Page 12

6. Targeted curfews Page 15

3
1. Sentencing Purposes

Curfew with Electronic Monitoring (EM) is appropriate for the following:

Punishment Public Protection Crime Reduction Rehabilitation of Offenders


Curfew with EM can be a significant Curfew with EM helps protect the Curfew with EM provides an Curfews with EM are flexible and
punishment for offenders: public and hours can be tailored to opportunity for offenders to turn allow opportunities for employment
address specific offending patterns: their lives around in a controlled way and education; they provide structure
■■ Restricts liberty
and change their offending behaviour and can work in conjunction with
■■ Immediate application - most
■■ Movement is confined to the by allowing them other requirements to assist with
curfews are installed on the night
specified address to access work, education, family life rehabilitation:
of sentence
and society:
■■ Can be used with other ■■ Help increase compliance with
■■ Breaches are dealt with swiftly
requirements ■■ Evidence to suggest that crime the intervention designed to
■■ Curfews can fit patterns of crime is suppressed aid rehabilitation
■■ Hours and length can be tailored
to protect the victim or public
to be proportionate to the ■■ Keeps subjects off the street and ■■ Allow time and space for other
punishment ■■ Contributes to risk management reduces pro-criminal association interventions to work
strategies
■■ Can be used as an effective ■■ Helps avoid peer pressure to ■■ Allow time and space for the
breach penalty for other ■■ No restrictions for bail – up to 24 offend offender to establish an
requirements, such as Unpaid hours per day, 7 days a week alternative pro-social lifestyle
■■ Restricts opportunities to offend
Work
■■ Provide structure and discipline
■■ Curfews can be tailored to
■■ Immediate application - most for the chaotic offender
interrupt offending patterns
curfews are installed on the night
■■ Encourage long-term changes
of the sentence thereby linking
through enforcing short-term
cause and effect in the
cessation of offending
offender’s mind
■■ Targeted curfew hours facilitate
attendance at other requirements

■■ Help improve family relationships

■■ Flexible enough to cater for study


and employment commitments

4 5
2. Changing Lives

Having been in and out of prison a number of times since the age of 32, Simon believes
that being on tag has helped him enormously. In fact, he actually wrote to the judge
“The idea to open His friend, who had supported Simon
throughout, agreed to let Simon use one
who put him on tag to thank her for allowing him to “make a fresh start.” a car washing and of the units to run his business from. He
also lent Simon a small amount of cash
Profile
valet service came to start up. Simon arranged business
Name: Simon Rutherford after I thought why meetings at his house starting at 8pm,
so he would be in for his curfew.
Age: 45
Region: North West
should people drive Equipment was purchased, flyers
Order type: Multi-requirement Community Order three extra miles into produced and signs created. Within
four weeks of the initial idea ‘Finishing
town for this, when Touch’ was up and running.
Simon acknowledges that the majority of
his offences stemmed from alcohol and his
“I realised who my I can run one from Every week Simon valets the minibus
quick temper. He admits he would regularly real friends were – here that is more of the local elderly people’s home free
of charge and allows other local
drink to excess, causing him to become
violent and often leading to fighting some were only there convenient businesses to advertise at his unit, also
free of charge. He is now hoping to
and his arrest. Many of Simon’s offences
involved assaulting a police officer.
for the moment, but for people.” branch out by opening a convenience

For his latest offence, Simon was


true friends have store in the unit next to his car washing
and valeting business.
expecting to receive another custodial stuck around.”
sentence. However, the judge told him
that custody clearly wasn’t working Throughout his curfew period, Simon
“Being on tag has
for him and gave him an electronically attended weekly meetings with his allowed me to build
monitored curfew order instead. This
was to run concurrent with probation
probation officer and carried out unpaid
work as part of his multi-requirement order.
strong relationships
supervision and included 120 hours’
He also attended anger management with my family and
unpaid work, and attendance at an
alcohol awareness programme.
sessions and an alcohol course to address
some of his issues. In fact, since being on
friends - I wouldn’t
Simon’s elderly mother was initially very tag, Simon has become teetotal. recommend prison to
apprehensive about his curfew, but when
Simon explained it would keep him out
One day, Simon was helping a friend who anyone. Being on tag
owned some units on an industrial estate
of prison, she was extremely relieved.
and started to think about setting up his has helped me sort
Simon’s 8pm curfew meant he was no
longer able to go out drinking in the
own business: my head out and get
evenings or mix with certain friends:
my life on track.”

6 7
3. How Electronic Monitoring Works Predictive dialler system: Reliability of the equipment:
■■ The EMS predictive dialler system ■■ The technology used (radio frequency
Electronic monitoring equipment is used to check whether a subject is at the automatically calls the home transmissions) has been proven to be
specified address during the hours of their curfew. monitoring unit if a subject is not at reliable over many years
their specified address at the start
■■ The monitoring equipment is
of their curfew, or appears to have
How the equipment works: extremely robust and reliable and
left the specified address during the
Curfew with EM can be a significant The tag and home monitoring unit meets the stringent specifications
■■ hours of their curfew
punishment for offenders: have unique serial numbers. On laid down by the Ministry of Justice.
installation, these numbers are linked ■■ The home monitoring unit will ring for The monitoring equipment is also
■■ A tag is fitted to the subject’s ankle a minimum of 27 seconds rigorously tested and audited by EMS,
to the subject and are updated if
(or wrist if there is a proven an independent body, and the Home
any equipment is added, removed or ■■ If the call is unanswered, the EMS
medical condition) Office Scientific Branch
replaced by EMS monitoring system will record “Called
■■ The tag is a transmitter sending No Answer By Predictive Dialler”. ■■ Tags are waterproof and having a
■■ Where required, larger properties are
signals to the home monitoring unit If the call is answered, the person bath, shower or swimming will not
monitored by installing multiple home
located at the specified address answering the call is connected to a interfere with monitoring
monitoring units
member of the EMS Monitoring Centre
■■ The home monitoring unit sends ■■ Considerable effort is required to
■■ The home monitoring unit and tag
information to the EMS Monitoring break the strap of a tag - it cannot be
have tamper mechanisms and will Events:
Centre using the mobile phone done accidentally (straps for youth
report any tamper event to EMS ■■ If the tag is not present at the
network - there is no need for a subjects are designed to break at a
specified address at the start of the
separate phone line ■■ Any tamper that interferes with load of 25 - 30kg; adult subjects at a
subject’s curfew, the EMS monitoring
the functioning of the equipment is load of 25 - 40kg)
■■ The home monitoring unit has a systems will display an “Out Past
always detectable, will constitute a
corded handset so EMS can ring the Curfew” event and the predictive ■■ The tag is designed so that once
breach and will be acted upon
home monitoring unit to contact the dialler will call the subject’s home fitted it can only be removed by
subject, and the subject can lift the ■■ EMS monitors all activity of the tag monitoring unit deliberately cutting the strap - tags
handset and press one button to and the home monitoring unit 24 do not simply fall off
■■ If a subject returns home after
contact EMS, 24 hours a day, every hours a day, every day of the year
the start of their curfew, the EMS ■■ People wearing tags can still ride a
day of the year
■■ EMS will report any breach to the monitoring system will display a bike, play football, rugby, etc without
■■ The EMS computer-based monitoring relevant authorities when required “Return Home Late” event. EMS staff the risk of pulling off the tag
system alerts EMS to any event will then call the subject’s home
that constitutes a breach of the monitoring unit to investigate the ■■ The tag strap will not stretch by more
curfew. EMS staff will then call the reason for the absence than 5% of the original length - this is
subject’s home monitoring unit not enough length to slip off the
and, if necessary, visit the subject’s Monitoring range: ankle or wrist
specified address ■■ When the monitoring equipment is
installed, it is adjusted to ensure the
subject can go anywhere within the
specified address without going
out of range
■■ Unless otherwise specified on the
curfew order, the subject will be
ranged from the front door to the
back door and for all internal living
space of the specified address

8 9
Tamper mechanisms and back-up: Rigorous enforcement: 4. Changing Lives
■■ Any tamper that interferes with ■■ Any tamper that interferes with
the functioning of the equipment is the functioning of the equipment is
Being on tag was a chance for Sarah to look at her own life and focus on the direction
always detectable, will constitute a always detectable, will constitute a
she wanted to go in. She quit drugs and joined a volunteer group.
breach, and will be acted upon breach, and will be acted upon

■■ The monitoring equipment is fitted ■■ Any other breach of curfew is


with a number of anti-tamper similarly reported promptly to the Profile
mechanisms. This means that removal relevant criminal justice agency and Name: Sarah Manchester
or attempted removal of the tag, acted upon as appropriate: Age: 18
damage to or movement of the home Order type: Single requirement Community Order
o Community Order breaches are
monitoring unit, or unplugging the
reported to and enforced by the
home monitoring unit from the mains
relevant agency (i.e. NPS, CRC
power, are all automatically reported
or YOT)
to EMS Sarah pleaded guilty to her public Being very late home at the start of her
o Bail Curfew breaches are order offences and was given a 100-day curfew resulted in Sarah being breached
■■ In the event of a loss of mains power,
immediately reported to the electronically monitored curfew. and she received a summons to reappear
the home monitoring unit has a
Police; the Police may then arrest at court. Once again Sarah realised that
backup battery, which will allow “My mum was mortified; she wouldn’t
the subject and return she had let herself and her family down.
the unit to function normally for come to court, she couldn’t even look
them to court The summons was the sharp shock that
up to 36 hours; the loss of power is at me. Dad was OK about it really. He
automatically reported to EMS Sarah needed to get back on track and
o HDC breaches are dealt with by knew I was sorry and he knew I was
she went on to successfully complete
the Public Protection Casework being punished with the tag. My brother
■■ The tag strap contains fibre optic her curfew.
Section (PPCS) and the subject and two sisters were really awful to me –
cables. If the strap is cut or forcibly
may be recalled to prison you’d think I’d killed someone! I think it’s Being on tag had a longer term impact
removed, the fibre optic cables are
because I am the youngest – I guess on Sarah’s life - she was one of twelve
broken and this will transmit a tamper ■■ In all breach cases, the relevant
I am a bit spoilt at times.” young volunteers who went on a
alert to EMS agency will be fully supported
three-week trip to Bulgaria, where they
with evidence and advice
■■ The tag strap cannot be removed In the past Sarah went to college during refurbished a run-down orphanage.
provided by EMS
without physical signs of the days and hung out with her mates in
forced removal the evenings and at weekends. “Whilst being on tag I would sit and talk
to my parents about what I wanted to do
■■ If the tag is tampered with outside with my life. Dad suggested that I joined
“My mates are a crazy bunch but we never
the specified address, the tamper the Prince’s Trust. When the project came
did anything mega. We just had a few
message is transmitted to EMS as up to help the children’s orphanage in
drinks and dabbled with drugs.”
soon as the tag comes back into the Bulgaria I knew it was something I wanted
range of the home monitoring unit Whilst Sarah was on curfew, she had to do. It was an amazing experience, just
■■ When the equipment is installed, plenty of time to think about how she to see how happy the children were with
test calls are made to ensure the had let both herself and her family down the work that had been carried out. It
home monitoring unit has a mobile and the direction her life was heading. makes you appreciate much more what
phone signal She knew she had to quit her recreational we have.”
drugs use and, with the help of her sister,
■■ If the home monitoring unit loses its she developed a much healthier lifestyle. Sarah has completely kicked her drug
mobile phone signal, the subject’s habit and hasn’t re-offended. She still
compliance with the curfew is still Sarah completed her order despite a set lives with her parents, is continuing her
recorded in the unit’s memory. These back in September when she breached studies and hopes to go to university.
details are transmitted to EMS as soon her curfew. Sarah had been on tag for
as the signal returns so all events will over a month and the initial shock of the
still be monitored and recorded punishment was beginning to wear off.

10 11
5. Myth Busting 5. Myth Busting

These tagging myths have done the rounds with subjects, the press and criminal The Myth The Myth
justice professionals. Customers still come to us with enquiries about stories they have “In a recent session a An offender I was
heard, concerned that they may be true and unable to counteract them with the facts. young offender boasted working with would
to other offenders in go out during curfew
When sentencing offenders, being equipped with the knowledge to dismiss such the group that they hours but claim to be
untruths is essential. We have therefore collated some examples of the questions had stretched the strap in the bath. Is it true
we answer regularly: by heating it with a hairdryer until they that the signal is disrupted
could slip the tag off. Is that possible?” by having a shower or a bath?”
The Myth The Myth Source: Youth Offender Worker Source: Offender Manager, Probation
“I have had offenders in “I read a funny story
breach courts claiming in the press about “An offender in my caseload was The Facts
that the tag had got someone who took breached for tampering with their tag ■■ Tags are waterproof and having a
trapped in the pedal their tag off, put it on strap, claiming it had stretched during shower or bath does not interfere
when riding a bike and the dog and went out. a hot bath. I allowed them to plead ‘not with monitoring
had come off, or that What would stop them guilty’ in court because as far as I knew
it was possible.” ■■ In a few cases, cast iron baths can
the tag had been pulled putting it on another person?”
interfere with the tag’s signal, but
off while playing football.” Source: Police Sergeant in a regional Source: Offender Manager at a
it is extremely rare that the signals
Source: Magistrate during a visit CJ meeting Probation workshop
are totally blocked
to our Monitoring Centre
The Facts The Facts
■■ As part of the installation process,
The Facts ■■ Tags cannot be removed without ■■ This is not possible as the strap
we specifically test to see if the
■■ The tag is designed so that once the system reporting it to our is made from material that is
bath affects monitoring and adjust
correctly fitted, it can only be Monitoring Centre designed to stretch no further
the placement of the monitoring
removed by applying immense than 5% of the original length. This
■■ If someone did remove the tag unit accordingly to resolve
force to break the strap or by would not provide enough length
and place it on their dog, for any issues
deliberately cutting the strap off to slip the tag off the ankle or wrist
example, we would know that the ■■ If the problem reoccurred and it
■■ Tags do not simply fall off
tag had been removed and take was not possible for the person
enforcement action to have a bath or shower outside
The Myth
“You can wrap tin of curfew hours, we would take
foil round your tag revocation action. However, we
The Myth are not aware of any instances
so it can’t send signals.”
“The monitoring unit has a battery backup, so you can move the where we have ever had to take
unit anywhere you like.” Source: Subject
revocation action because
Source: Subject The Facts of a bath
The Facts ■■ If a subject used anything to block
■■ The monitoring unit has numerous tamper alerts. If anyone
the radio signal, the monitoring
attempted to move the unit, this would be flagged to our unit would simply not receive any
Monitoring Centre and enforcement action taken transmissions from the tag and
would alert the Monitoring Centre
that the subject was out

■■ This would achieve nothing for the


subject, as they would be showing
as out even though they were
actually in!

12 13
5. Myth Busting 6. Targeted Curfews

The Myth The Myth Curfews controlled by electronic Disrupting Offending


“Culprits are often “I know that tagging monitoring help bring much-needed A prolific shoplifter received a curfew
using cigarette lighters now uses mobile stability, structure and supervision, whilst order, which reduced her opportunity
to burn the band technology, rather still serving as a method of punishment to steal, but still allowed her to fulfil her
attaching the device than landlines. But is for those who have broken the law. family commitments. She was given
to their leg.” it true that if the
Most people tend to think of curfews two curfew periods of 9am to 2pm and
Source: Daily Mail mobile signal strength
as a standard 7pm - 7am requirement. 4pm to 9pm. This kept her away from
is low, it interferes with
“A resident in the hostel I was in while In fact, 75% of curfews monitored by the shops, but gave her time to take her
the monitoring?”
on tag, used a cigarette lighter to EMS are in force at night for 7 nights of children to and from school.
remove his tag. What is to stop me Source: Magistrate during court
the week, spanning a 12-hour period.
doing that?” presentation
However, curfews can be used far more Multiple Addresses
Source: Subject The Facts creatively to help break offending
A 14-year-old was given a curfew at
■■ Mobile signal strengths only affect patterns and behaviours, or support
The Facts two addresses on alternative week days
our ability to download information other requirements.
■■ Tags are designed to be removed and weekends to fit around his parent’s
to our Monitoring Centre in real Curfew hours can be broken up in any custody arrangements.
with the use of a sharp instrument
time. They do not interfere with way; curfew days can be alternated
■■ While it may be possible to burn monitoring and can also change week by week. By
through the strap with a cigarette Summary
■■ Fluctuations are usually only for varying the times, days and length of the
lighter or cigarette, the likelihood curfew, it is possible to establish a more Curfews do serve as an effective
short periods and our equipment
of the wearer being burned in the targeted approach to best control the punishment, while helping to bring about
continues to monitor offenders
process would be high and the behaviour of the subject. change in a subject’s life.
and store events. Once the mobile
tamper would still be reported Through careful targeting of the
signal is restored, the event The examples below briefly detail cases curfew hours, by varying the times,
■■ Whether or not the strap is information is retrieved where curfews with EM have been used days and length, curfews can have
successfully burned, once the and automatically sent to the in a targeted way. an even greater impact.
tag has been tampered with Monitoring Centre
or removed, the information is
immediately reported to our Supporting Other Requirements
Monitoring Centre Recommending a curfew the night before
an unpaid work session or programme
■■ We would take enforcement action
to enforce a routine can help aid
as a result of the tamper
compliance. It ensures the offender is at
home throughout the night and therefore
more likely to get a good night’s sleep
and attend the next day.

Protecting Victims
In a harassment case a subject was
curfewed between 8am and 10am,
between 11.30am and 1.30pm and again
from 4pm until 6pm. This gave his victim
some respite and allowed her to get
to work, have her lunch and get home
without being bothered by him.

14 15
Contact Details
For more information or to arrange free
training on any aspect of Electronic
Monitoring, please email
enquiries@ems.co.uk
or call 0161 862 1000

EMS
PO Box 170
Urmston
Manchester
M41 7XZ
MN04/01/Oct2016

16

You might also like