Mandatory electronic monitoring for those facing deportation

People in detention who have previous criminal convictions or who have engaged in behaviour considered “not conducive to the public good” may be liable to deportation. (see Removal, Return, and Deportation for the difference between being liable to removal and liable to deportation.)

If someone is liable to deportation (this includes when the Home Office is simply considering whether to deport them), paragraph 2(3) of Schedule 10 to the Immigration Act 2016 requires the imposition of electronic monitoring except where that would be impractical or contrary to an individual’s Convention rights. A Judge has no power to disallow electronic monitoring conditions in respect of those liable to deportation.

If a person detained has health conditions or other reasons as to why they should not be fitted with an electronic monitoring device, they should put this in writing to the Home Office, either in their bail application form or after release, and explain why it would be impractical or contrary to their Convention rights. If the Home Office refuses to remove the electronic monitoring condition notwithstanding the representations, individuals should seek the advice of a public law solicitor in relation to challenging the refusal via judicial review.

Electronic monitoring is a highly intrusive bail condition that causes practical and emotional hardship. BID has documented this here and here.