Singapore legislation
Regulation 5
Regulation 5
Prescribed electronic monitoring arrangements, etc., under section 60C
Subregulation 1
For the purposes of section 60C(2), the court may require X to comply with arrangement A or arrangement B or both.
Subregulation 2
For the purposes of section 60C(3), the court may direct Y or an authorised person or both of them to give effect to arrangement A or arrangement B or both.
Subregulation 3
Under arrangement A (monitoring using wearable device only) —
an authorised person must issue X with a wearable electronic monitoring device, and for this purpose X must attend at the time and place specified by the authorised person;
X must wear the device at the times and in the manner specified by an authorised person;
X must comply with any requirement specified by an authorised person to ensure the proper functioning of the device;
X must comply with any requirement specified by an authorised person to support the electronic monitoring of X’s whereabouts by the device;
X must not obstruct the monitoring of X’s whereabouts by the device (whether by tampering with the device or otherwise); (f)X must immediately inform an authorised person if the device malfunctions or is damaged, destroyed or lost; (g)X must return the device at the time and place specified by an authorised person; and
Y must not obstruct the monitoring of X’s whereabouts by the device (whether by tampering with the device or otherwise).Example of wearable device under arrangement A A wearable device that can be located using Global Positioning System (GPS) technology.
Subregulation 4
Under arrangement B (monitoring using wearable device and fixed device) —
an authorised person must —
install a fixed electronic monitoring device (called the fixed device) at Y’s home or any other place that the protector considers appropriate; and
issue X with a wearable electronic monitoring device (called the wearable device), and for this purpose X must attend at the time and place specified by the authorised person;
X must give any necessary permission for an authorised person to install, maintain, repair or retrieve the fixed device;
X must wear the wearable device at the times and in the manner specified by an authorised person;
X must comply with any requirement specified by an authorised person to ensure the proper functioning of the wearable device;
X must comply with any requirement specified by an authorised person to support the electronic monitoring of X’s whereabouts by both devices;
X must not obstruct the monitoring of X’s whereabouts by both devices (whether by tampering with the devices or otherwise);
X must immediately inform an authorised person if the wearable device malfunctions or is damaged, destroyed or lost;
X must return the wearable device at the time and place specified by an authorised person;
Y must give any necessary permission for an authorised person to install, maintain, repair or retrieve the fixed device;
Y must comply with any requirement specified by an authorised person to ensure the proper functioning of the fixed device;
Y must comply with any requirement specified by an authorised person to support the electronic monitoring of X’s whereabouts by both devices;
Y must not obstruct the monitoring of X’s whereabouts by both devices (whether by tampering with the devices or otherwise); and
Y must immediately inform an authorised person if the fixed device malfunctions or is damaged, destroyed or lost.Example of wearable device and fixed device under arrangement B A wearable radio frequency tag that transmits to a home monitoring unit that is fixed at Y’s home.
Subregulation 5
In this rule —
Definition
“authorised person” means a protector or a person acting under the general or specific directions of a protector;
Definition
“electronic monitoring device” means a device that, by itself or together with any other device, may be used to monitor a person’s whereabouts through electronic means.