C11

Prospective affecting provision: section inserted by Sex Offenders (Amendment) Act 2023 (9/2023), s. 25, not commenced as of date of revision.

F59[30C. —(1) Where the movements of a sex offender are subject to electronic monitoring pursuant to section 30B, evidence of his or her—

(a) compliance or non-compliance with a supervision period condition referred to in section 30B(1), or

(b) compliance or non-compliance with a direction under section 30B(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 sex offender’s whereabouts were electronically monitored;

(ii) a certificate—

(I) that the statement relates to the whereabouts of the sex offender at the dates and time shown in it, and

(II) purporting to be signed by an authorised person who is responsible for monitoring electronically the offender’s compliance with a supervision period condition referred to in section 30B(1) or with a direction under section 30B(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.]