79LWho may remove electronic monitoring devices and equipment

79L Who may remove electronic monitoring devices and equipment (1) This section applies if a requirement for electronic monitoring of a prisoner is attached to a term or condition of a parole order and— (a) the term or condition is varied to remove the requirement; or (b) the term or condition is revoked; or (c) the prisoner's parole is cancelled or elapses. (2) This section also applies if a requirement for electronic monitoring of a prisoner is attached to a term or condition of a parole order and the prisoner is under arrest on suspicion of having committed an offence. (3) Subject to subsection (5), an officer may remove an electronic monitoring device worn by a prisoner referred to in subsection (1) as soon as practicable before or after the variation, revocation, cancellation or elapse. (4) Subject to subsection (5), an officer may remove any equipment used for the electronic monitoring that is at the place where the prisoner on parole resides or that is in the possession of or on the person of the prisoner. (5) An officer referred to in subsection (10)(c), (d), (e), (f) or (g) may take action under subsection (3) or (4) only on a direction given by the Secretary or the Board. (6) A police officer may remove an electronic monitoring device worn by a prisoner referred to in subsection (2) for any purpose. (7) If practicable, before removing an electronic monitoring device or equipment used for the electronic monitoring of a prisoner an officer must inform the prisoner that— (a) the removal is to occur; and (b) the prisoner may consent to the removal; and (c) if consent is not given, reasonable force may be used— (i) to remove the device or equipment; and (ii) if the case requires, to enter a place where the prisoner resides in order to remove the device or equipment. (8) If a prisoner does not consent to the removal of an electronic monitoring device or equipment used for the electronic monitoring, an officer may use reasonable force— (a) to remove the device or equipment from the prisoner; and (b) to enter a place where the prisoner resides in order to remove the device or equipment. (9) This section does not affect the power to remove an electronic monitoring device and equipment used for the electronic monitoring of the prisoner to monitor compliance with conditions imposed under section 74(5A) or for a purpose referred to in section 74(5A). (10) In this section, ***officer*** means any of the following— (a) a police officer; (b) a police custody officer; (c) a prison officer; (d) an escort officer employed under Part 4; (e) a security officer; S. 79L(10)(f) amended by No. 27/2018 s. 355(19). (f) a specified officer within the meaning of the **Serious Offenders Act 2018**; (g) an employee of the Department who is authorised under section 79M. S. 79M inserted by No. 64/2017 s. 18.