Author: Grace Milnes

AAP Team

Ian Kyle

Director

Nick Swales

Director

Matt McConville

Senior Associate

Lucy Smith

Senior Associate

Shannon Jenkins

Solicitor

Grace Milnes

Irvings Team

Unlawful Arrests Due To Unreliable Tags

Our firm represents multiple individuals with claims against Electronic Monitoring Services (EMS) for issues with electronic tags causing our clients to be arrested and imprisoned wrongfully.

What Are Electronic Tags?

Also known as ‘tagging’; tags are a way to monitor individuals to ensure they are following certain restrictions – such as remaining within a certain geographical area, or establishing a curfew whereby they must be at home between certain times in a day. Typically, they are placed upon an ankle or (less commonly) a wrist to monitor the location of the wearer with some tags even measuring the level of alcohol present in your sweat so that if you drink alcohol, the tag will record this information. The ankle monitors are paired with an ‘electronic curfew box’ that remains in a location that the individual would return to when abiding by their curfew. These boxes ring (like a phone) and are to be answered by the person on tag in order to prove their whereabouts and confirm they are complying with any restrictions imposed on them but a failure to adhere to these bail conditions can result in the police being notified, and the occurrence of an arrest for breach of bail.

Can Tags Be Trusted?

From our experience, tags (and their paired curfew box) can be far from adequate hence why claims against tag companies are brought by our firm and seem to be on the rise. In some instances, the ankle monitor or associated box will not charge or retain power due to a malfunction and as such can contravene the terms of use appearing as if the person wearing the tag is deliberately trying to disguise their location. Similarly, issues have been reported whereby tags display the wrong geographical location and make it appear as though someone abiding by their curfew terms has broken them too. There have even been occurrences for some people where their box malfunctions and doesn’t ring, making it appear as though they may not have been at home to again confirm they are abiding by imposed curfews. These inadequate tags have resulted in our clients being wrongfully arrested for alleged tag breaches (or a ‘breach of bail conditions’) but thankfully, the charges were all rightfully withdrawn due to there being errors with their tags. As a result, our clients want to bring a claim against the Electronic Monitoring Services (EMS) or Probation Service for compensation arising from a wrongful arrest whilst on tag due to errors with the said tag.

Can I Get Compensation?

If any of the above sounds familiar and you feel like you may have been affected by EMS and tagging failures like our past and current clients, please call 0151 475 1999 for a free ‘no obligation’ confidential chat to find out whether you can bring a tag breach claim. Alternatively, you could get in touch via email: Info@IrvingsLaw.com or you can also reach us on WhatsApp at 07513 171 181 to make sure you’re able to inform us of your situation in the most convenient way possible.

lrvings Law are specialists in handling ‘No Win, No Fee’ claims against the police, prisons and probation service and are committed to securing financial compensation for victims of these institutional failings

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