The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2026
- Department: Ministry of Justice
- Made under: Criminal Justice and Court Services Act 2000
Adjusted the mandatory end point for electronic monitoring to coincide with the suspension of probation supervision.
This Order amends the Compulsory Electronic Monitoring Licence Condition Order 2021 to modify the duration of mandatory electronic monitoring for offenders released on licence in England and Wales.
It directs that the period for which an electronic monitoring condition must be applied ends on the date probation supervision is suspended, rather than continuing until the full sentence expires.
The Order applies to the Secretary of State's execution of licensing conditions and affects offenders subject to electronic monitoring as part of their release terms.
Arguments For
The order states that the amendment aligns the duration of electronic monitoring with the period during which an offender is under active probation supervision.
The explanatory note asserts that no significant impact on the private, voluntary, or public sectors is foreseen, suggesting the change simplifies administrative or enforcement alignment.
The document frames this as a necessary technical correction to the 2021 Order to ensure offenders are not monitored after their active supervision has ceased.
Arguments Against
Legal scholars or victims' rights advocates might question whether ending electronic monitoring before the full sentence expiry reduces the ability to track individuals during the remaining legal term of their sentence.
Probation services may face administrative complexities in coordinating the exact suspension date of supervision with the hardware removal process managed by private contractors.
Critics might argue the lack of a full impact assessment leaves the potential effect on public safety or reoffending rates unexamined.
Citation, commencement and extent
- -(1) This Order may be cited as the Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2026 and comes into force on 2nd September 2026.
- (2) This Order extends to England and Wales.
This section establishes the official name of the statutory instrument and sets the date it becomes legally effective as 2 September 2026.
It limits the geographical jurisdiction of the order to England and Wales.
Amendment to the Compulsory Electronic Monitoring Licence Condition Order 2021
- For article 4(b)(ii) of the Compulsory Electronic Monitoring Licence Condition Order 2021(specified period), substitute- '(ii) the date on which supervision of the licence is suspended;'.
This section alters the legal definition of how long a person must remain on a 'tag' or electronic monitor after being released from prison.
It mandates that the requirement to wear the monitoring device ends on the day that active probation supervision is stopped.
This replaces the previous requirement which linked the end of monitoring to the full expiration of the offender's sentence.
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