Bail Act 2000

Court bail - Granting of bail on adjournment - Electronic monitoring condition

30I: Court must be satisfied as to certain matters before granting bail with EM condition

You could also call this:

"Court must check some things before letting you out on bail with an Electronic Monitoring condition"

Illustration for Bail Act 2000

When you apply for bail with an Electronic Monitoring (EM) condition, the court must be sure of some things first. You must understand what you have to do with the EM condition and agree to follow the rules. The court also checks if it's practical for you to stay at the address you've chosen while on bail with an EM condition. The court needs to know if the address is suitable for you to stay at while on bail with an EM condition. Everyone living at the address must agree to you staying there while on bail with an EM condition. The court must follow certain steps to get this agreement, as set out in section 30G(2). When the court decides whether to grant you bail with an EM condition, they look at a report about you and consider any history of violence between you and the people living at the address. They can also think about any other relevant information, and they must consider the EM report referred to in section 30F(1). This helps the court make a decision about your bail with an EM condition.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5595320.


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"What EM report information can be used for"


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30J: Court must specify EM address, or

"The court must say where you will be electronically monitored when you get bail."

Part 3Court bail
Granting of bail on adjournment: Electronic monitoring condition

30ICourt must be satisfied as to certain matters before granting bail with EM condition

  1. The court hearing an application made under section 30D must, before granting bail with an EM condition, be satisfied that—

  2. the defendant has been made aware of and understands his or her obligations under the EM condition; and
    1. the defendant agrees to comply with the requirements of the EM condition; and
      1. it is practicable for the defendant to remain at the proposed EM address on bail with an EM condition; and
        1. the proposed EM address is appropriate for the purpose of bail with an EM condition; and
          1. every relevant occupant of the proposed EM address has consented to the defendant remaining at the proposed EM address while on bail with an EM condition; and
            1. in each case the consent of the relevant occupant has been obtained after the steps set out in section 30G(2) have been followed.
              1. In considering whether to grant bail with an EM condition, the court—

              2. must consider the EM report or previous EM report referred to in section 30F(1); and
                1. in particular, must have regard to any evidence of violence between the defendant and any occupant of the proposed EM address; and
                  1. may have regard to any other relevant information.
                    Notes
                    • Section 30I: inserted, on , by section 19 of the Bail Amendment Act 2013 (2013 No 66).