The ACT NPM has made a submission to the ACT Government on its plans to consider testing the use of Electronic Monitoring (EM) to ensure justice system readiness before larger scale implementation.
The ACT is currently the only Australian jurisdiction that does not use EM. There is no one single approach to its use and application of EM varies significantly across jurisdictions. There is limited evidence on the routine effectiveness of EM on adults. However, there is preliminary evidence to suggest that EM can work.
An increasing number of international human rights bodies support the use of EM as an alternative to detention, as well as for parole, community service and release. While supportive in principle of an EM trial in the ACT, the ACT NPM recommends that adoption of EM on a permanent basis be subject to comprehensive empirical and qualitative review. Additionally, the introduction of any EM legislation and associated procedures must be drafted within the existing ACT and international human rights framework and the safeguards against their arbitrary application must be respected.
For example:
- To demonstrate a proportionate and reasonable limitation on rights, the government must provide a clear purpose for why and how EM is introduced.
- Noting that pre-trial detention should be the exception rather than the rule to protect the presumption of innocence and right to liberty, the use of EM as an alternative to detention pending trial should only be used when grounds for detention exist.
- The use of EM must always be publicly funded, available to everyone on an equal basis and should not lead to de facto discrimination.
- The application for and use of EM must be subject to judicial oversight to ensure compliance with the established legal framework, considering the combined principles of necessity and proportionality in fulfilling a legitimate objective, and that this is not otherwise arbitrary.
- The application for and use of EM should never lead to a disproportionate invasion of an individual’s privacy.
Read the submission here