Now, GPS bracelet to 'house arrest' offenders in UAE

Dubai - The amendment gives prosecution authorities to replace police custody with house arrest.

Offenders will no longer have to be detained in the country's rehabilitation centres for certain minor crimes, thanks to the GPS bracelet - a kind of house arrest - that will keep tabs on their movement.
The UAE Federal Law No. 17 of 2018, issued last September, is introducing the "electronic tagging" to bring about significant changes to the country's criminal proceedings by way of implementing innovative technologies. The device is capable of pinning the geographical location of the person wearing it, thereby helping criminal enforcement authorities keep a track on a suspect under investigation, an accused on trial or a convict serving a sentence.
However, the GPS bracelet - or what some law professionals call house arrest - does not apply to those who commit the same crime twice.
Legal consultant Hassan Elhais of Al Rowaad Advocates pointed out that this alternative to imprisonment is allowed in some particular offences and is subject to certain restrictions.
"It applies only to crimes whose sentences are less than two years and as per Article 363 do not include mandatory deportation, as is required in drug-related cases, sexual abuse and crimes related to honour," said Elhais.
The amendment gives prosecution authorities to replace police custody with house arrest.
At the criminal court, an accused in police custody can apply for being placed under house arrest as an alternative to bail.
If the GPS bracelet causes any health-related issues, the accused can apply for its removal. But he has to submit an official medical report backing his claim and he will be returned to custody if his bracelet is removed.
Elhais said that judges have been given the discretion to decide when or if a GPS bracelet should be used.
"For example, the court will consider the conditions of old suspects who are believed not to commit the same crime again, those who are believed to be the only breadwinners of their families, or those who have serious medical conditions," he said.
The law also granted convicts under house arrest the right to request to leave the country for a certain period of time citing their destination, reasons for travel and return date. The matter is subject to prosecution and court approvals and had it been granted, time spent outside the country will not be taken off the suspect's sentencing.
Convicts, who are in prison serving a jail term between 2-5 years and have already served half their terms, can as per Article 380 of the law, request to complete the remaining of their imprisonment under house arrest.
"The request should be filed to prosecutors who will determine the convict's behaviour during imprisonment and if it poses risk to community members or national security before filing their report to court," said Elhais.
If approved by court, prosecutors will arrange the convict's release and his placement under house arrest. If rejected, the convict can apply after a period of six months.
The police station closest to the residence of the person under house arrest, will, as per the new law, conduct periodic visits to the suspect's residence, check the device and submit reports.
Suspects are also required to keep law enforcement bodies aware of any updates to their place of residence or work.

• Dubai