Legislation Details
- Full Title: Cabinet Resolution on the Implementation of Electronic Probation
- Law Type: Cabinet Resolution
- Law Number: 53 of 2019
- Issued Date: 04 Aug 2019
- Effective Date: 04 Aug 2019
- Official Gazette: No. 660
- Sector: Security and Safety
- Status: Active
- Number of Articles: 30
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the implementation of electronic probation in the United Arab Emirates. It defines the scope, means, and procedures for using electronic monitoring devices to restrict the movement and location of accused or convicted persons, either as an alternative to detention or as a condition of early release from imprisonment. The Resolution aims to enhance public safety and the rehabilitation of offenders through the use of modern technology. It is an important law for law enforcement agencies, the judiciary, and individuals subject to electronic probation orders in the UAE. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 1-2)
What is the scope and purpose of this law?
The Cabinet Resolution on the Implementation of Electronic Probation applies to individuals who are subject to electronic monitoring orders in three scenarios: (1) as a temporary alternative to pre-trial detention, (2) as a substitute for a custodial sentence, or (3) as a condition of early release from imprisonment after serving a portion of their sentence. The purpose is to restrict the movement and location of these individuals through the use of electronic devices, with the aim of enhancing public safety and facilitating the rehabilitation and reintegration of offenders into society. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- Ministry: The Ministry of Interior
- Minister: The Minister of Interior
- Command: All general commands of the police at the federal or local level
- Electronic Probation: Restricting the accused or convicted person from being absent from their place of residence or other designated location at any time other than as specified by an order from the Public Prosecution or a competent court
- Electronic Probation Domain: The geographical region or time frames specified by the order within which the person under probation may not violate
- Person under probation: Any accused or convicted person subject to electronic monitoring by order of the Public Prosecution or a competent court
- Officers responsible for monitoring: Police officers, warrant officers, and other public officials appointed by the Minister of Justice to monitor persons under electronic probation
(Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations on persons subject to electronic probation: 1. Wear the electronic monitoring device at all times during the probation period. 2. Notify the competent public prosecution of any change in job or residence. 3. Obtain approval from the public prosecution before leaving the country, and notify them upon return. 4. Not violate the scope or restrictions of the electronic probation order. 5. Subject themselves to follow-up visits by the monitoring officers. 6. Maintain the electronic device and avoid misuse, damage, or interruption. 7. Follow any instructions given by the monitoring officers. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 10)
What licensing, registration, or approval requirements exist?
The Resolution does not specify any licensing, registration, or approval requirements for individuals subject to electronic probation. The process is initiated by an order from the public prosecution or a competent court, and the monitoring officers are responsible for implementing the electronic probation measures. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 2, 9)
What rights and protections does this law provide?
The Resolution requires that the electronic devices used for probation monitoring must not cause health damage to the person under probation and must ensure the privacy and confidentiality of their personal life. Additionally, the devices should not hinder the person's ability to work, study, or receive medical treatment, unless otherwise specified by the public prosecution or court order. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 5)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement and implementation of electronic probation under this Resolution are: 1. The Ministry of Interior, which is responsible for establishing and supervising a unified electronic probation database at the federal level. 2. The Ministry of Justice, which is responsible for unifying the rules and procedures for issuing electronic probation orders and overseeing their implementation. 3. The public prosecution and competent courts, which have the authority to issue electronic probation orders. 4. The police commands and officers responsible for monitoring the persons under electronic probation and ensuring compliance with the orders. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 4, 6, 8, 9, 11)
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance with the electronic probation requirements. It states that the Ministry and police commands shall refer the person under electronic probation to the public prosecution if they violate the rules and regulations, but does not detail the consequences or actions that may be taken. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 11)
What fees, charges, or financial provisions are specified?
The Resolution does not mention any fees, charges, or financial provisions related to the implementation of electronic probation. (Cabinet Resolution on the Implementation of Electronic Probation, 2019)
What exemptions or exceptions apply?
The Resolution does not provide any exemptions or exceptions to the application of electronic probation. It applies to all accused or convicted persons who are subject to electronic monitoring orders by the public prosecution or competent courts. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 2)
How are disputes resolved under this law?
The Resolution does not specify any dispute resolution mechanisms or procedures for individuals subject to electronic probation orders. It focuses on the implementation and enforcement of the electronic probation measures by the relevant authorities. (Cabinet Resolution on the Implementation of Electronic Probation, 2019)
What are the key deadlines and time limits?
The Resolution includes the following key deadlines and time limits: 1. Persons under electronic probation must notify the competent public prosecution if they wish to move from their designated place of residence for a period exceeding 15 days within the UAE. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 10) 2. Persons under electronic probation must obtain approval from the public prosecution before leaving the country and notify them upon their return. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 10)
How does this law interact with other UAE legislation?
The Cabinet Resolution on the Implementation of Electronic Probation references the following related UAE federal laws: - Federal Law (1) of 1972 concerning the Competencies of Ministries and Powers of Ministers - Federal Law No. (7) of 1973 concerning devices and wireless communications - Federal Law No. (9) of 1976 concerning delinquent Juveniles and the homeless - Federal Law No. (12) of 1976 concerning Police and Security Forces - Federal Law No. (3) of 1987 concerning the Promulgation of Penal Code - Federal Law No. (35) of 1992 concerning the Promulgation of Penal Procedure Code - Federal Law No. (43) of 1992 concerning the Regulation of Penal Institutions - Federal Law No. (28) of 2001 Concerning Setting up of Emirates Specifications and Standards Authority (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Preamble)
When did this law come into effect?
The Cabinet Resolution on the Implementation of Electronic Probation came into effect on the date of its issuance, which was 04 August 2019. It was published in the Official Gazette No. 660 on 15 August 2019. (Cabinet Resolution on the Implementation of Electronic Probation, 2019, Art. 15)
Source Documents
This article analyses Cabinet Resolution on the Implementation of Electronic Probation for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.