Part 3: Powers for dealing with domestic abuse Section 37: Further provision about electronic monitoring requirements
This section sets out the conditions that must be satisfied to enable an electronic monitoring requirement to be attached to a DAPO.
	An electronic monitoring requirement may be imposed to support the monitoring of an individual’s compliance with other requirements of the order (for example, the operation of an exclusion zone around the victim’s home). Electronic monitoring is undertaken using an electronic tag usually fitted to the subject’s ankle.
	An electronic monitoring requirement cannot be imposed on a perpetrator in his or her absence, this is because the perpetrator must be present in court whilst the application to consider electronic monitoring is decided upon, to provide the court with the perpetrator’s address for the purpose of the fitting and installation of the electronic monitoring equipment and in order to allow the court to make the enquiry required by subsection (3) (subsection (2)).
	Subsection (3) specifies that where another person’s cooperation is required in order to secure the electronic monitoring, the monitoring cannot be required without that person’s consent. This may include, for example, the occupier of the premises where the perpetrator lives or other persons living in the same premises as the perpetrator.
	Subsection (4) obliges the court to ensure that electronic monitoring arrangements are available in the relevant local area (as defined in subsection (5)) before imposing an electronic monitoring requirement. In practice, the court would be notified of the availability of such arrangements by the Ministry of Justice.
	Subsection (6) provides that a DAPO which includes an electronic monitoring requirement must specify the person who is responsible for the monitoring ("the responsible person").
	Subsection (7) provides that the responsible person must be of a description specified in regulations made by the Secretary of State (such regulations are not subject to any parliamentary procedure).
	Subsection (8) sets out the requirements for installation and maintenance of the electronic monitoring apparatus, including the requirements for the perpetrator to submit to monitoring apparatus being fitted or installed, inspected or repaired. This subsection also prohibits the perpetrator from interfering with the monitoring apparatus and requires the perpetrator to take steps to keep the apparatus in working order, including keeping the equipment charged as directed. Failure to adhere to these requirements would constitute a breach of the DAPO (as to which see section 39).