UAE Adopts Electronic Tagging to Monitor Offenders

A New Era of Criminal Monitoring in the UAE

Electronic tagging represents a significant shift in the UAE's criminal justice system, providing a technologically advanced method for keeping tabs on offenders. This system allows authorities to track the geographical location of individuals wearing the device, ensuring compliance with legal restrictions without resorting to jail time or police custody during investigations.

The Scope and Limitations of Electronic Tagging

The Law No. 17 of 2018 stipulates that electronic monitoring can be utilized temporarily as an alternative to police custody or as a substitute for a prison sentence. However, there are clear limitations to its use. For instance, electronic tagging is not applicable for crimes that carry mandatory deportation sentences, such as drug-related, sexual, and honor crimes.

The Impact on Legal Proceedings and Sentencing

The law also outlines the potential for electronic monitoring to be used during the criminal investigation stage or after a final judgment. If an accused is found guilty and sentenced to a fine, the court's execution department is mandated to deduct 100 dirhams from the fine for each day spent under electronic monitoring.

Considerations for Professional and Personal Circumstances

Authorities are instructed to take into account the accused's need to continue professional work, education, medical treatment, or other personal circumstances when deciding on electronic monitoring. The nearest police station is given the authority to supervise the execution of electronic monitoring, ensuring the accused complies with the order and the integrity of the device.

Duration and Extension of Electronic Monitoring

The Prosecution has the authority to implement electronic monitoring for a month, with the possibility of extending it for an additional month. Any further extensions require approval from the competent criminal authority.

Electronic Monitoring as an Alternative Sentence

The Criminal Court can replace jail sentences of less than two years with electronic monitoring if certain conditions are met, such as the accused's health, age, permanent residence in the UAE, and employment status. Repeat offenders are not eligible for electronic monitoring as a sentence.

Rights and Obligations of Monitored Individuals

Those under electronic monitoring must keep authorities informed of any changes in their place of work or residence. They are also required to accept regular visits from authorities to ensure compliance and are not permitted to leave the country without court approval.

Amendments and Cancellations

The court has the authority to amend or cancel electronic monitoring based on various factors, including medical reports or the discovery of additional convictions. Decisions to cancel electronic monitoring can be appealed within a defined period.

Provisions for Current Inmates

Inmates serving jail sentences of 2 to 5 years and who have completed half of their term may request to have the remainder of their sentence replaced with electronic monitoring. This decision is at the discretion of the prosecution and the court, and if approved, the prosecution will oversee the execution of the decision.

The Global Context of Electronic Monitoring

The UAE's adoption of electronic tagging aligns with a global trend towards alternative sentencing methods. According to a report by the Pew Charitable Trusts, electronic monitoring can reduce recidivism rates and cut costs associated with incarceration. However, the effectiveness of such programs depends on careful implementation and monitoring.

Conclusion

The UAE's Law No. 17 of 2018 marks a progressive step in the country's criminal justice system, offering a more humane and potentially effective alternative to traditional incarceration. As the nation implements electronic tagging, it joins a growing list of countries seeking to modernize their approach to criminal monitoring and rehabilitation.