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
The court hearing an application made under section 30D must, before granting bail with an EM condition, be satisfied that—
- the defendant has been made aware of and understands his or her obligations under the EM condition; and
- the defendant agrees to comply with the requirements of the EM condition; and
- it is practicable for the defendant to remain at the proposed EM address on bail with an EM condition; and
- the proposed EM address is appropriate for the purpose of bail with an EM condition; and
- 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
- in each case the consent of the relevant occupant has been obtained after the steps set out in section 30G(2) have been followed.
In considering whether to grant bail with an EM condition, the court—
- must consider the EM report or previous EM report referred to in section 30F(1); and
- in particular, must have regard to any evidence of violence between the defendant and any occupant of the proposed EM address; and
- 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).


