The alternative to imprisonment comes as a handy, electronic, portable and wearable device, which is intended to restrict and monitor the convicts or the accused pending trial instead of giving them a jail term or police custody during the investigation. The device is capable to determine the geographical location of the person wearing it and shall therefore aid the criminal enforcement authority to ascertain the location of the accused under trial or the convict serving his sentence under a surveillance through this electronic device. The use of this electronic device as a monitoring tool is allowed for a temporary period instead of a police custody or a replacement of a criminal conviction resulting in an imprisonment sentence. There are, however, restrictions in the use of this electronic device, which we have provided in the following along with the treatment to the existing convicts in light of this humanitarian, novel and positive development in the legal system. Electronic tag as the form of surveillance
One of the most important changes the new law brings is the establishment of the sentence served with an electronic tag as the form of surveillance. Having the criminals criminal defense attorney phoenix az under electronic monitoring will become a first-time practice in the UAE. The law indicates that such procedures could be applied on the accused within the criminal investigation or even after the final judgment. It could include restrictions for the criminal from being away from the designated location or his home, whatever decided by Prosecution or the competent court. As per the new changes, within the criminal investigation stage, there could be possibility to have bail under the electronic monitoring through the decision of Prosecution or, even upon the judgment the court could implement the same procedures as a replacement of the sentence. The law indicates that such procedure could include enforcing the criminal to keep electronic device for entire period of investigation.
Even when the accused was referred to the court with the electronic tag, but the court decided that there is no jurisdiction with respect to the matter, the accused shall remain with a right to request the cancellation of such monitoring, unless and until the new case is filed before the competent court. The law also indicates that if somebody was under arrest or electronic monitoring when the court found him guilty and he was eventually sentenced only with a fine, the court execution department has to reduce 100 dirhams from the amount of fine per each day spent under such arrest or electronic monitoring.
The new law indicates that the concerned authority (while they are taking their decision) shall consider giving the accused a chance to continue his professional practice, complete his training, education, continue receiving medical treatment or any other conditional circumstances the competent authority might find necessary to be considered. The law gives the police (as the nearest police station) an authority to supervise the execution of the electronic monitoring of the criminals. It authorizes the police to visit the accused/criminal to make sure that he is executing the order and to check the integrity of the devices before they submit the report to the competent Prosecution. The law gives the right to the accused or the criminal to anytime request from the Prosecution to check if the device is affecting his health and to provide him with a medical report indicating the same.
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