Electronic tag fitted to an islander for the first time

While the technology is planned to be used to help prisoners have early release, the first case relates to a man volunteering to use the technology, after breaching his bail conditions.

Daniel John Pengelley was found to have breached his bail conditions, which were to not meet a person he is alleged to have assaulted and not go near her address.

Now he has been fitted with a tag, in what defence advocate Samuel Steel described as a safety net, to ensure the defendant complied with his conditions.

It means he will not be able to attend a St Peter Port address or travel close to it. He will also have to stay at home between 5pm and 7am Monday to Saturday. On Sundays, when he is not working, he is only allowed out of his

house between noon and 2pm, for exercise.

‘If you break any of the conditions, you will find yourself back in court,’ Judge Graeme McKerrell warned the defendant in the Magistrate’s Court.

Mr Pengelley, 26, of 31, Courtil St Jacques, St Peter Port, has been charged with assaulting the woman at her home in May, but has not entered a plea.

Guernsey Prison has been working on introducing an electronic tagging scheme to allow prisoners out on early conditional release. But it is understood this case is the first time the

technology has been used in Guernsey.

Crown advocate Chris Dunford rejected the defence’s application for the tag to just ensure Mr Pengelley stayed away from the woman’s property.

He added that the technology was now in place to make the system work. The prison officers have been trained to use the equipment and the Joint Emergency Services Control Centre would also be involved to monitor how the technology was used.

‘Practically, we are there,’ Advocate Dunford said.

It was accepted by the court it was possible that the alleged victim could attend Mr Pengelley’s house, breaching his bail. But Mr Pengelley’s mother has agreed to report if the woman attended the property. Advocate Dunford said that after Mrs Pengelley’s previous honesty to the court, the prosecution would not have concerns.

Judge Graeme McKerrell said it was important that the defendant consented to wearing the tag and that would have to be informed consent. That would mean he would have to understand what data would be gathered while he was wearing it and how that would be used.

Advocate Steel said that if the court had imposed a 22-hour restriction for Mr Pengelley to stay at home every day it would have resulted in him losing his job as a gardener.

Advocate Dunford said the prosecution was concerned that the defendant might meet up with the alleged victim during his two hours of exercise.

As long as he complies with his bail, Mr Pengelley is next set to appear before the court on

Monday.