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Guidance

Electronic Monitoring Court Bail Protocol

The document sets out information for decisions on whether a person is remanded in custody or can be released on electronically monitored bail.

Applies to England and Wales

Documents

Details

Update June 2026:

We are in the process of reviewing and updating the Electronic Monitoring Court Bail Protocol. This involves including changes to the Bail Act 1976 concerning the criteria to impose electronic monitoring on adults.

While it is being updated, please refer to sections 3AAB and 3AB of the Bail Act 1976 which sets out the criteria.

The document provides agencies such as the Courts, Police, His Majesty’s Prison and Probation Service (HMPPS), the Crown Prosecution Service (CPS) and defence solicitors with information for each stage of decision making where electronic monitoring is, or could be used, including when considering whether tagged bail is an option and during the tagging period.

It sets out information on what communication is necessary between agencies to make electronic monitoring on bail as effective and efficient as possible.

For example, when and what information is shared between the police, the CPS and the courts on a person’s bail conditions and any breaches.

The protocol does not introduce any new processes or policies on the use of electronic monitoring for court bail.

Updates to this page

Published 28 August 2023
Last updated 11 September 2023 Show all updates
  1. Welsh translation added.

  2. First published.

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