Part 3Court bail
Granting of bail on adjournment: Electronic monitoring condition
30GEM assessor must ascertain whether relevant occupants consent to defendant remaining at EM address
In preparing an EM report in relation to an application under section 30D, an EM assessor must ascertain, after following the steps set out in subsection (2), whether the relevant occupants consent to the defendant remaining at the EM address while on bail with an EM condition.
Before ascertaining whether or not a relevant occupant consents, the EM assessor must—
- ensure that the occupant—
- is aware of the nature of the charges faced by the defendant; and
- is aware of the nature of any past offending by the defendant; and
- is aware of and understands the effects of an EM condition; and
- is aware of the nature of the charges faced by the defendant; and
- inform the occupant that the information in paragraph (a) is given to the occupant to enable him or her to make an informed decision whether to consent to the defendant remaining at the EM address while on bail with an EM condition; and
- inform the occupant that the information in paragraph (a) must be used only for the purpose of making the decision referred to in paragraph (b); and
- inform the occupant that consent to the defendant remaining at the EM address while on bail with an EM condition can be withdrawn at any time and inform the occupant how he or she may withdraw his or her consent.
Notes
- Section 30G: inserted, on , by section 19 of the Bail Amendment Act 2013 (2013 No 66).


