Section 245A of the Criminal Procedure (Scotland) Act 1995 makes provision for the court to impose a Restriction of Liberty Order. This legislation also provides for the use of electronic monitoring (tagging) equipment to monitor offenders' compliance with the terms of the Order.
Restriction of Liberty Orders have been available in Scotland since May 2002.
A Restriction of Liberty Order requires an offender to be:
- restricted to a specific place for a maximum period of 12 hours per day for up to a maximum of 12 months;
- and/or restricted from a specified place or places for 24 hours a day for up to 12 months.
Most offenders who are made subject to a Restriction of Liberty Order will be aged 16 or over and must consent to the Order. The Court must find out relevant information about the places involved and the attitudes of the people living there. A report is therefore normally provided to the Court by the local Criminal Justice Social Work Department.
Where an offender is under 16, the court can impose an Restriction of Liberty Order provided they are satisfied that the local authority can provide the young person with support and supervision during the period of the order.
Restriction of Liberty Orders are a high tariff community sentence imposed by the court as an option in cases where they might otherwise be thinking of a prison sentence or another community penalty that would impose substantial demands on the offender. Restriction of Liberty Orders are both punitive and rehabilitative and they provide a useful addition to the range of sentencing options already available to the courts.