Section 6Part 3 — Curfew Orders
Electronic monitoring of curfew orders.
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Subject to subsection (2), a curfew order may, in addition, include requirements for securing the electronic monitoring of the convicted person’s whereabouts during the curfew periods specified in the order.
A court shall not make a curfew order which includes the requirements specified in subsection (1) unless the court —
has been notified by the Ministry or portfolio responsible for electronic monitoring arrangements that such arrangements are available in the area in which the place or places proposed to be specified in the order is or are situated; and
is satisfied that the necessary provision can be made under those arrangements.
Electronic monitoring arrangements made by the responsible Ministry or portfolio under this section may include entering into contracts with other persons, whether public or private, for the electronic monitoring by those persons of the whereabouts of convicted persons.
Subject to subsection (5), a person who is subject to electronic monitoring may be required under the electronic monitoring arrangements to pay for the cost of such monitoring where the responsible Ministry or portfolio finds that that person has the ability to pay such costs; and such costs shall be a debt owing to the Crown and may be recovered from the person in a court of civil jurisdiction.
In determining whether a person has the ability to pay for the cost of electronic monitoring, the Ministry or portfolio shall consider any amounts the person has been ordered to pay in fines, restitution or such other costs and shall give priority to the payment of those items before requiring that the person pay for the electronic monitoring.
Whoever damages, destroys or tampers with any device used for or to facilitate his or any other person’s electronic monitoring is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for one year.
Any document or information in relation to a convicted person provided under electronic monitoring arrangements of such convicted person by the person responsible for such monitoring shall prima facie be admissible in any courts in the Islands.