Criminal Law Citation, commencement and interpretation 1 1 These Regulations may be cited as the Electronic Monitoring (Use of Devices and Information) (Scotland) Regulations 2025 and come into force on 31 January 2025. 2 In these Regulations— “ the 1993 Act ” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 , “ the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995 , “ the 2019 Act ” means the Management of Offenders (Scotland) Act 2019, “ the 2020 Regulations ” means the Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020 , “ RF approved device ” means the types of electronic devices listed in regulation 2(2) and (4)(a), (c) and (d) of the 2020 Regulations, “ GPS approved device ” means the types of electronic devices listed in regulation 2(4)(b) to (f) of the 2020 Regulations. Use of a GPS approved device 2 1 A GPS approved device may be used when the circumstances in paragraph (2) or (3) apply. 2 The circumstances are— a the Scottish Ministers have required a person to submit to monitoring by means of an approved device under section 5(1) of the 2019 Act, b the monitoring is in relation to that person’s compliance with a condition of a sort mentioned in section 7(1)(b) of the 2019 Act, and c the condition is included in a licence granted under section 3AA(1) of the 1993 Act . 3 The circumstances are— a the Scottish Ministers have required a person to submit to monitoring by means of an approved device under section 5(1) of the 2019 Act, b the monitoring is in relation to that person’s compliance with conditions of a sort mentioned in section 7(1)(a) and (b) of the 2019 Act, and c the conditions are included in a licence granted under section 3AA(1) of the 1993 Act . Use of an RF approved device 3 An RF approved device may be used when a person is required to submit to monitoring of their compliance with a specified aspect of— a a disposal listed in section 3(2) of the 2019 Act by a court under section 1(1) of the 2019 Act, or b a relevant condition of a sort mentioned in section 7(1) of the 2019 Act by the Scottish Ministers under section 5(1) of the 2019 Act. Use of information obtained through monitoring a person by means of a GPS approved device or an RF approved device 4 Information obtained through monitoring a person by means of a GPS approved device or an RF approved device may be— a retained by or on behalf of the Scottish Ministers for a maximum period of 12 years beginning with the date on which the information was obtained, b shared by, or on behalf of, the Scottish Ministers for the purpose of— i the prevention, investigation, detection or prosecution of crime, ii informing a court, a supervising officer or a relevant officer that the person being monitored has failed to comply with a requirement of an order made under sections 209, 227A(2)(j), 234CA(1) or 245A of the 1995 Act , iii the consideration by the Parole Board for Scotland of that person’s case referred to it by the Scottish Ministers under sections 17(3) or 17A(3) of the 1993 Act , iv the provision by a local authority of a service in respect of that person under section 27(1)(b) of the Social Work (Scotland) Act 1968 , v the assessment and management of the risk posed by that person under section 10 of the Management of Offenders etc. (Scotland) Act 2005 . ANGELA CONSTANCE A member of the Scottish Government St Andrew’s House, Edinburgh 21st January 2025