Electronic tagging can form part of court bail, a community sentence or supervision after release from prison. When monitoring goes wrong, the consequences can be serious. A new independent inspection published on 29 October 2026 highlights why clear conditions, accurate records and prompt legal advice matter.
The report is not a judgment overturning any individual order. It does not give anyone permission to ignore a curfew, exclusion zone or other requirement.
What the inspection found
HM Inspectorate of Probation and HM Inspectorate of Constabulary and Fire & Rescue Services examined police responses to alleged tagged-bail breaches and monitoring within community sentences and post-release licences.
Their announcement describes gaps in guidance, information-sharing and record-keeping, alongside concerns about fairness. The inspectors made 30 recommendations. They also recognised improvements in probation oversight and the work of committed staff.
The full report records inaccuracies in information supplied to police forces, which often needed checking before enforcement decisions.
Why this matters in an individual case
A notification of a possible breach needs careful examination in its own context. The inspection does not establish that every alert is unreliable, or that any particular allegation is wrong. The relevant question remains what happened in that person’s case and what the evidence shows.
For someone facing an alleged breach, the distinction between their actual conditions, the monitoring instructions and the recorded event may be important. Bail, sentence requirements and prison licence conditions are different legal arrangements; the correct response depends on which applies.
Practical steps if there is a problem
Read your written conditions and ask your solicitor to explain anything unclear. Check the address, curfew times and any restricted areas. Do not rely on a general description of what a tag usually permits.
If equipment fails, an installation is missed or instructions appear inconsistent, contact the Electronic Monitoring Service promptly and tell your solicitor. Where you are supervised by probation, inform your practitioner too. Keep a dated record of calls, messages, appointments and any reference numbers.
Follow the equipment instructions, including charging requirements where applicable. GOV.UK’s tagging guidance explains how to report problems and warns that damaging or tampering with equipment can have serious consequences. A delayed fitting or apparent technical problem should not be treated as permission to disregard the underlying conditions.
If a breach is alleged, preserve relevant material and obtain advice quickly. Depending on the circumstances, your solicitor may need to seek monitoring records, check the instructions supplied to the provider and identify evidence supporting your account. A medical appointment, accommodation difficulty or equipment fault should be documented, not simply assumed to excuse non-compliance.
Raise difficulties with work, caring responsibilities, health or accommodation before they become a crisis. Obtain advice about whether a formal change is possible; do not change the arrangements yourself.
Getting advice
Peter Bonner & Co can advise on criminal proceedings and bail issues. Early advice helps identify the applicable conditions, the evidence needed and the appropriate next step. Contact the firm if you face an allegation of breach or need advice about a proposed tagged-bail arrangement.
This article provides general information about England and Wales, not legal advice on an individual case. Obtain advice about your own circumstances.