Bail Act 2000

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

30G: EM assessor must ascertain whether relevant occupants consent to defendant remaining at EM address

You could also call this:

"EM assessor checks if people at the address agree to you staying there"

Illustration for Bail Act 2000

When you are applying for bail with an Electronic Monitoring (EM) condition, an EM assessor must find out if the people living at the address agree to you staying there. The EM assessor must first make sure the occupants understand the charges against you and any past offences you have committed. They must also explain how the EM condition works. The EM assessor has to tell the occupants that this information is so they can make a decision about whether to let you stay. They must also say that the occupants can only use this information to make this decision. The occupants can change their minds and withdraw their consent at any time, and the EM assessor must explain how to do this. You can read more about this in section 30D of the Bail Act 2000. The EM assessor is following rules to make sure everything is done fairly. This is all part of the process for getting bail with an EM condition.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5595326.


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30F: EM reports, or

"A report to help the court decide if you can have bail with an electronic monitor"


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30H: Use of information obtained for EM report, or

"What EM report information can be used for"

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

  1. 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.

  2. Before ascertaining whether or not a relevant occupant consents, the EM assessor must—

  3. ensure that the occupant—
    1. is aware of the nature of the charges faced by the defendant; and
      1. is aware of the nature of any past offending by the defendant; and
        1. is aware of and understands the effects of an EM condition; and
        2. 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
          1. 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
            1. 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).