Extradition and bail (Part 2 of 3): electronic monitoring of bail conditions

What is electronic monitoring?

Electronic monitoring involves attaching a small, lightweight device, typically to your ankle, which tracks your movements and ensures you comply with specific bail conditions. These devices are a powerful tool for the Court, as they provide a high degree of assurance that you will not abscond while on bail. The Court can use two main types of tags:

• Radio frequency (RF) tags: this is the most common type used to enforce a curfew. The tag works in conjunction with a “home unit” installed at your residence. The tag sends a signal to this unit at regular intervals. If you leave the premises during your curfew hours, the signal is lost, and an alert is immediately sent to a monitoring centre.
• Global positioning system (GPS) tags: these tags use satellite technology to monitor your location 24/7. These are less common for standard bail and can be used to enforce specific “inclusion zones” (areas you must remain within) or “exclusion zones” (areas you are forbidden from entering). GPS tags have a battery that needs to be charged regularly, and a failure to do so will also trigger an alert.

Bail conditions in extradition proceedings

Electronic monitoring is not a standalone condition, and it will always be used to enforce another requirement of your bail. In extradition proceedings, this almost always takes the form of a curfew. While the hours can vary, depending on how much of a flight risk you are assessed to be, it is common for the Court to impose a residence curfew (you must sleep at your home address each night), and that you must stay at home between certain hours, for example from 10pm to 7am.

The impact of electronic monitoring

An electronic tag can impose significant restrictions on your daily life, and the way in which the tag is monitored by the Electronic Monitoring Service can at times be frustrating. A tag functions as a medium between detention in custody and unconditional bail, and demonstrates that you are serious about complying with the extradition process and are not a flight risk.

Gherson lawyers have considerable experience in matters concerning the electronic monitoring process, ranging from representing individuals in bail applications at court to securing bail monitored by a tag and navigating the relationship between someone wearing a tag and the Electronic Monitoring Service.

Gherson can advise you in relation to all possible defences to an extradition request. We have unparalleled expertise in managing asylum and extradition requests in tandem. If you have any questions about a current or potential extradition case, please do not hesitate to contact us for advice or send us an e-mail. Don’t forget to follow us on X, Facebook, Instagram or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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