Since they were officially launched in England and Wales in 2021, alcohol monitoring tags have become standard surveillance and treatment tools in law enforcement and rehabilitation. Alcohol-related crime is a serious problem in the UK, with an estimated social and economic cost of £21.5 billion per year and an impact on too many lives to count.
The human cost of drink-related violent incidents is significant. Drinking alcohol plays a role in almost half of all violent crime in England and Wales, and about 116,000 NHS and healthcare workers each year are subjected to alcohol-fuelled violence. In 2021, drink driving caused 240 fatal car accidents,
While initial data surrounding alcohol tags are encouraging, there is some concern within the addiction treatment community that alcohol tags could further criminalise individuals who need more comprehensive physical and mental health approaches to addressing addiction. The basic idea behind an alcohol tag is to enforce sobriety for high-risk offenders by providing constant accountability with immediate consequences if breached. This is particularly useful in cases where traditional ‘spot checking’ has proven to be an ineffective deterrent to alcohol-fuelled crime.
#1 Motoring Solicitors is committed to providing information and guidance to those monitored via these tags. If you or someone you know is part of a program that uses these monitoring tags, it is important to understand how they function and their legal implications.
In this article, we’ll explain how alcohol tags work, explore their benefits and limitations, and shed light on their impact on recidivism rates. We’ll also discuss how #1 Motoring Solicitors can help those who face repercussions due to alcohol-related offences like drink driving.
What is an Alcohol Monitoring Tag?
An alcohol monitoring tag, also called a sobriety tag or alcohol abstinence tag, frequently associated with the branded SCRAM tag, is a wearable, non-invasive monitoring technology designed to detect alcohol in the offender’s sweat. The technology behind this device uses transdermal monitoring, where chemicals are measured through the skin rather than a blood or breath sample.
The SCRAM tag is an electronic monitoring tool in law enforcement and judicial systems and has been a key part of the Alcohol Abstinence Monitoring Requirement program in the UK since 2012. It operates twenty-four hours a day, seven days a week, offering continuous, real-time monitoring without any direct need for user intervention.
How Does an Alcohol Tag Work?
The alcohol tag uses fuel cell sensors to detect and measure the presence of alcohol molecules in the wearer’s perspiration. When the wearer consumes alcohol, the device captures it, and the readings are transmitted wirelessly to a monitoring centre. The data gathered by the device include the timing and amount of alcohol consumed, giving a detailed record of the individual’s drinking patterns.
Alcohol abstinence tags are tamper-resistant, with features to detect and log any attempt to remove or disable them. They can distinguish between the use of products containing alcohol, such as hand sanitiser or certain medications, and the consumption of alcohol, providing a more nuanced monitoring process.
Who Are Alcohol Tags For?
Alcohol tags are commonly used in court-mandated sobriety programs as part of a community order or suspended sentence order for individuals who commit alcohol-related crimes. These include serious offences like drink driving or some types of violent crime, like domestic violence and other violent crimes, that were exacerbated by alcohol consumption. They are tools for both treatment and monitoring, intervening when the wearer attempts to break their abstinence or probation requirements.
The tags are not restricted to offenders, however. They are also used in family and civil courts where sobriety is a condition, and by healthcare providers to treat alcohol-dependent patients with a history of alcohol addiction. Alcohol tags are also useful for tracking alcohol use and maintaining accountability for those struggling with alcohol addiction.
Between October 2020 and September 2022, more than 3,600 offenders were required to wear sobriety tags either as a condition of an alcohol abstinence order or a condition imposed upon leaving prison. The Ministry of Justice aims to fit 12,000 offenders with these tags by 2025. Judges can order anyone serving a community sentence to wear a sobriety tag if their offence was alcohol-related, and non-compliance comes with further penalties, including the risk of a prison sentence.
Similarly, probation officers have the power to decide whether offenders released from prison should wear a tag after their prison sentence, based on the potential risk of reoffending triggered by consuming alcohol even if the associated offence wasn’t alcohol-related. This is a key part of preventing alcohol-driven crimes, as about 20% of offenders supervised by the probation service have an alcohol problem.
Prison leavers must wear the tags for a minimum of 30 days, but it can be extended up to a year. Unlike those on a community order, offenders wearing a tag after leaving prison aren’t automatically prohibited from drinking. Instead, a probation officer will tailor drinking permissions to each person’s circumstances, which might include things like setting curfews or banning drinking at particular times, such as during weekends when seeing their children.
Do Alcohol Tags Prevent Recidivism?
Studies on the effectiveness of alcohol monitoring tags in reducing recidivism rates and drink-related harm are promising. They indicate a significant decrease in the return of alcohol-related offences among wearers, and as of 2022, curbed further alcohol abuse. Offenders stayed sober and alcohol-free 97% of the time in the year after using the tag. The continuous monitoring and inability to circumvent the system without detection appear to have a deterrent effect that other measures lack and can have an enormously positive effect on helping offenders supervised by the program turn their lives around.
Despite these encouraging findings, research is still ongoing about whether alcohol tags prevent recidivism long-term. The long-term effects and the nuances of tag use in different demographics are still being researched. Factors such as age, gender, and individual motivations can play a role in the success of the tag as a deterrent and aid in rehabilitation. Additionally, the punitive nature of the tags risks criminalising addiction rather than treating it.
How #1 Motoring Solicitors Can Help
In cases where a monitoring tag is part of a court order or an alcohol treatment requirement, #1 Motoring Solicitors can provide invaluable assistance. Our solicitors specialise in alcohol-related motoring offences and are well-versed in the legal and procedural aspects of these cases. We can advise on the appropriate defence, manage necessary paperwork, and represent the defendant in court.
Our solicitors have experience navigating the complexities of the legal system, negotiating lesser sentences, and ensuring that the defendant’s rights and interests are protected. They also provide counsel on adhering to the conditions of wearing the tag and the potential impact on the individual’s driving license.
Final Thoughts
Alcohol monitoring tags represent a significant step forward in the monitoring and treatment of alcohol-related issues. For offenders, they offer a chance to rehabilitate under continuous supervision that’s less intrusive than other forms of monitoring. However, their effectiveness also relies on an individual’s commitment to reform and the support systems in place.
For motoring law professionals, understanding the implications of this technology is critical in providing robust legal services to their clients. The future of alcohol monitoring tags is continually evolving, presenting new opportunities to address alcohol misuse and promote safe and responsible behaviour. #1 Motoring Solicitors is monitoring the progress of these tags and is committed to staying abreast of the latest in motoring law enforcement technologies.
If you or someone you know is dealing with the aftermath of an alcohol-related offence, contact #1 Motoring Solicitors for knowledgeable legal counsel. We are here to help you fully understand the role that monitoring tags can play in the path to recovery and legal compliance.