The type of GPS monitoring that Jenny Gilruth refers to is technically called bilateral monitoring. In other countries, the system is used not only to monitor an offender but is used with electronically monitored restraining orders—which, again, gets us into different parts of the criminal justice process and different language. Under that approach, which has been used in the US and is commonly used in Spain and Portugal, a victim who gives their informed consent has the opportunity to carry a device or have an app that notifies them. In London, the Metropolitan Police is considering using that system to seek to prevent stalking. Victims can have a device and in some cases they can even consent to wearing one, although I do not know how common that is, or they can carry one or have some way of getting a notification or information.
The responses of victims of crime who have taken part in those schemes have been mixed, because they are a diverse group. There is modest evidence to suggest that the approach has been moderately positive where victims have been adequately briefed that electronic monitoring cannot stop a person in their tracks—it cannot actually stop a crime, although it can give advance notification to victims and/or authorities and monitoring companies. Where that briefing has happened, there has been some cautiously optimistic victim feedback that the system is helpful, particularly where there is a moderate risk of harm.
However, some people have raised legitimate concerns. For example, if an exclusion zone is round a victim’s house, it might be reasonable for them to think that they need to stay at home, so that they will know if the person comes near. The same might apply to the victim’s workplace or a child’s school.
There is an issue about how we cope with more dynamic movement. That is where the option of a victim carrying a device or having a way of knowing their location comes in. There can be concerns about the impact on the victim, but I emphasise the need for informed consent in participating, and the ability for the victim to withdraw at any point, if they need or want to, because we should not impose on victims things that have a detrimental effect on them. In Spain, Portugal and the US, the studies have been moderately optimistic that the approach can lead to some victim satisfaction, and that the information is helpful in alerting them and authorities.
On the point about GPS exclusion zones potentially being applied to entire Scottish cities, the news headline on that caught our attention, too. The principle of proportionality is really important. If a sentencer were to impose an exclusion zone around an entire city in Scotland, that would raise questions as to why such a wide-ranging exclusion zone was being imposed and was not being tailored, and what supports, as well as surveillance or controls, could be put in place to ensure that we were not displacing the problems that we were seeking to address. If the concern about them was so great that a person was not allowed in an entire city, we would need to think about displacement—whether that person is taking their behaviours and propensities elsewhere. I therefore caution against restricting people from going into entire cities. Exclusion zones are usually used where there has been a strong propensity to offend, and in very tailored approaches when there is a need to keep someone away from a place for a period.