While both the report by the National Audit Office (February 2006) and the Public Accounts Committee hearing (March 2006) were mainly positive about electronic monitoring as provided by our suppliers, Group 4 Securicor and Serco, they did identify the need to speed up the breach process as an action point.
To help do this, a small task group met on in May 2006 to identify a number of quality improvements to the process. This task group will review all aspects of the enforcement of electronic monitoring. The first step in doing this, in early June 2006, was for the YJB to look into the reported poor performance cited by the electronic monitoring companies.
This research showed that YOTs are breaching violations of curfews in the majority of cases, but there is a definite lack of communication between electronic monitoring contractors and YOTs. There was also confusion about what constitutes a standalone curfew (Curfew Orders that are made without any other kind of community order being in place), and who is responsible for breaching when a standalone curfew in place.
Communicating securely with electronic monitoring suppliers
When YOTs communicate with electronic monitoring suppliers a single point of contact secure email address should be used. For further information see
Use of electronic monitoring on release from DTOs
Electronically monitoring young people released from their Detention and Training Order (DTO) at the halfway stage is not within the remit for electronic monitoring, and therefore ‘tagging’ is not available in these circumstances.
Young people can be ‘tagged’ on release as set out below.
- When a young person gets early release from custody (i.e. one or two months prior to the halfway point of sentence), he/she should routinely receive an electronically monitored curfew and be ‘tagged’ for the one or two month period of the early release.
- If the young person is released at the usual halfway point in the DTO AND he/she is to be given Intensive Supervision and Surveillance(ISS) as a condition on the ‘Notice of Supervision’, then an electronically monitored curfew can be added as an integral part of the ISS package.
- In addition to electronically monitored curfews being available for young people being released on ISS and those being released before the half way point, this will now also apply to those young people who are classified as MAPPA Level 3.
Where young people in STCs and secure children’s homes are registered as MAPPA 3 and a tag is required to assist in managing risk, contact should be made with the YJB Placement Service to discuss this proposal.
The YJB Placement Service will filter these requests and, where appropriate, make the necessary arrangements through direct links with the Ministry of Justice.
Where the young person is to be released from a YOI, the request for a tag on a MAPPA Level 3 case should go directly to the Governor.
To request an electronically monitored curfew for MAPPA Level3 STC and secure children's home cases, please contact Helen.Mclachlan-Smith@yjb.gov.uk.
General queries relating to electronically monitored curfews should be directed to Dunston.Patterson@yjb.gov.uk
YRO with Electronic Monitoring Requirement and breach responsibilities
The Electronic Monitoring contractor is responsible for breaching the Youth Rehabilitation Order (YRO) where an Electronic Monitoring Requirement is made without any other requirement being added to the YRO on the day of sentence.
A flowchart depicting procedures and responsibilities has also been revised and is available to download below.
The YOT is therefore responsible for breaching the YRO when a requirement for an electronically monitored curfew is given alongside other requirements.
In addition to breaching violation of curfews, the YOT must notify the contractor within one working day if there is any change in the young person’s circumstances (for example, if he or she turns 18 and moves over to probation, transfers to another YOT or has a change in home circumstances).
Breach process for violation of electronic monitoring curfews
Following the implementation of Electronic Yellow Envelope, all YOTs should now have a fully operational Secure eMail facility.
All correspondence with electronic monitoring contractors should be sent via Secure eMail. This is to ensure data security.
All violations will be reported to the YOT's Secure eMail address. It is then the responsibility of each individual YOT to ensure the case holder is made aware of and takes appropriate action on all notified violations. It is therefore recommended that each YOT nominate a lead manager and a single point of contact for the purposes of electronic monitoring.
It is of utmost importance that the electronic monitoring contractor is notified of action taken via Secure eMail within two days of receipt of violation. It is also of equal importance that the electronic monitoring companies continue to be notified as proceedings progress, e.g. adjournments, trials and results. Click for more information on the Breach Process for Electronically Monitored Curfews.
In order to ensure that curfews are being consistently enforced, the electronic monitoring contractors are producing monthly lists detailing young people on whom outstanding information on breach enforcement is required.
These lists are sent to directly to the YJB regional and national offices, who will circulate to the appropriate YOTs.
YOTs must provide the missing information directly to the electronic monitoring contractor, with a copy to the YJB regional or national office.
Individual regions may wish to consider setting up a local protocol with their electronic monitoring supplier.
Violation of a DTO, ISS or YRO with Electronic Monitoring Requirement received at the same time as any other requirement of the YRO:
- The steps to be carried out by the YOT and contractor are described in the flowchart below.
Violation of a bail curfew:
- The contractor informs both the Police and the YOT of the breach via the Notification Form.
- The police are responsible for taking the bail package back to court.
Violation of a curfew imposed as part of a YRO with Electronic Monitoring requirement, given as the only requirement attached to the YRO:
- Responsibility for breaching the violation remains with the contractor
- and it remains so until it is completed or revoked.
Click below to view the flowchart and a contacts list for electronic monitoring contractors.