C6

Prospective affecting provision: section inserted by Sex Offenders (Amendment) Act 2023 (9/2023), s. 15, not commenced as of date of revision.

F35[16B. —(1) Where the movements of a respondent are subject to electronic monitoring pursuant to section 16A, evidence of his or her—

(a) presence or absence in or from a particular place at a particular time, or

(b) compliance or non-compliance with a direction under section 16A(1)(b),

may, subject to this section, be given in any proceedings by the production of the following documents:

(i) a statement purporting to be generated automatically or otherwise by a prescribed device by which the respondent’s whereabouts were electronically monitored;

(ii) a certificate—

(I) that the statement relates to the whereabouts of the respondent at the dates and times shown in it, and

(II) purporting to be signed by an authorised person who is responsible for monitoring electronically the respondent’s compliance with a prohibition in a sex offender order that prohibits him or her from going to, being in or leaving a specific place or a direction under section 16A(1).

(2) Subject to subsection (3), in any proceedings the statement and certificate referred to in paragraphs (i) and (ii) of subsection (1) are admissible as evidence of the facts contained in them, unless the contrary is shown.

(3) Neither the statement nor the certificate referred to in paragraphs (i) and (ii) of subsection (1) is admissible pursuant to subsection (2) unless a copy of the statement or certificate, as the case may be, has been served on the respondent concerned before the commencement of the proceedings concerned.]