[103FA SHPOs and interim SHPOs: electronic monitoring requirements]

[103FA  SHPOs and interim SHPOs: electronic monitoring requirements]

[(1)     Subsections (2) and (3) apply for the purpose of determining whether a court may impose, under section 103C(4B) or section 103F(3B), an electronic monitoring requirement on the defendant in a sexual harm prevention order or interim sexual harm prevention order.

(2)     If there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person's consent.

(3)     The court may impose the requirement only if—

(a)     it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and

(b)     it is

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