GPS Tagging Offenders in the UK After Prison Release

What Is GPS Tagging?

GPS tagging is a form of electronic monitoring used within the criminal justice system. 

A tag is usually fitted around the ankle and uses location technology to monitor a person’s movements.

Unlike older curfew tags, which mainly checked whether someone was at a particular address during set hours, GPS tags can provide location information over time.

This means they can monitor: 

• Movement patterns 
• Entry into restricted areas 
• Compliance with licence conditions 
• Potential links to criminal activity 

The information may be reviewed by monitoring services, probation, or other authorities involved in supervision.

Government guidance on electronic monitoring can be found on gov.uk. 

When Is GPS Tagging Used in the UK? 

GPS tagging may be used in different parts of the criminal justice system.

Prison Release Licence Conditions

Many offenders released from prison must follow licence conditions. These conditions are designed to reduce risk and protect the public. 

In certain cases, electronic monitoring may be added to help manage risk, support supervision, or check compliance with specific restrictions.

Serious Offence Monitoring

GPS tagging may be used where authorities consider that location monitoring is needed to manage risk after release.

This may include checking whether a person avoids certain areas, attends required appointments, or complies with restrictions linked to their licence.

Court-Ordered Electronic Monitoring

Electronic monitoring may also be used as part of bail, a community sentence, a suspended sentence requirement, or other court-imposed arrangements.

The exact form of monitoring will depend on the order made and the legal basis for it.

Relevant sentencing guidance can be found through the Sentencing Council.

Legal Powers Behind GPS Tagging

Electronic monitoring can be imposed under different legal powers depending on the person’s status and the type of case.

These legal powers allow authorities to impose monitoring requirements in appropriate circumstances. 

Licence Conditions and Rules for Tagged Offenders

People subject to GPS tagging must follow the rules attached to their licence, order, or monitoring requirement.

Common conditions may include: 

• Remaining within certain geographic areas 
• Avoiding specific locations 
• Observing curfews 
• Not tampering with the device 
• Attending supervision appointments 

The monitoring system records location data to ensure compliance with these requirements. 

If a condition is unclear, legal advice should be taken before any issue becomes a breach allegation.

What Happens If an Offender Breaches GPS Tagging Rules?

Breaching GPS tagging conditions can lead to serious consequences. 

Authorities may investigate suspected breaches, particularly where monitoring data suggests that the individual has entered restricted areas or failed to follow licence conditions. 

Possible consequences may include: 

• Further investigation by authorities 
• Recall to prison if licence conditions are breached 
• Additional court proceedings 
• Stricter supervision measures 

Not every alert will automatically prove a breach. There may be issues with timing, location data, device problems, misunderstanding of conditions, or other circumstances that need to be examined.

How Long GPS Tagging Can Last

The length of GPS tagging depends on the legal basis for the monitoring and the conditions imposed.

Factors that may influence the duration include: 

• The nature of the offence 
• The individual’s risk profile 
• Licence conditions imposed upon release 
• Court-ordered restrictions 

Monitoring periods can vary considerably depending on the case. 

Why Legal Advice May Be Important

Electronic monitoring conditions can be complex and strict. 

If an individual is accused of breaching tagging rules or faces further legal action as a result of monitoring data, obtaining legal advice from an experienced criminal defence solicitor can be essential. 

A solicitor can review the allegation, consider the evidence and advise on the best way to respond.

Early legal advice may help individuals understand their rights and options when dealing with allegations linked to electronic monitoring.

Speak to a Criminal Defence Solicitor

Electronic monitoring and licence conditions can be difficult to manage, especially after release from prison.

If you require legal advice about electronic monitoring, licence conditions or allegations linked to GPS tagging, seeking guidance from an experienced criminal defence solicitor is essential. 

Our Serious and Complex Crimes solicitors can review the circumstances, assess the evidence and provide clear advice on your options.