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Bail Act 2000

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

30F: EM reports

You could also call this:

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

Illustration for Bail Act 2000

If you apply for bail with an electronic monitoring condition, the court may ask for a report. This report helps the court decide if electronic monitoring is suitable for you. The report looks at things like whether monitoring equipment will work at your address. You must have a report that says if electronic monitoring is right for you. It must also say if it will work at the address you want to stay at. The report checks if the people living with you agree to you staying there with an electronic monitoring condition. The report may also talk about your personal life, like your job or family. It may suggest other conditions for your bail. It could also include what the prosecuting agency thinks about your application. If you are charged with a serious offence, the report may include what the victim or their family thinks about you having bail with an electronic monitoring condition, as stated in section 29 of the Victims' Rights Act 2002. The court uses this report to help make a decision about your bail. You can find more information about this process in section 30D and section 30G(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5595330.

Topics:
Crime and justice > Courts and legal help
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"Who is in charge of managing EM bail?"

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

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

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

30FEM reports

  1. If a defendant applies under section 30D for bail with an EM condition, the court or a Registrar may direct that an EM assessor prepares an EM report in relation to the application or, if satisfied that a previous EM report is sufficient, may direct that the previous EM report be used in relation to the application.

  2. The purpose of an EM report is to assist the court hearing the application in determining whether an EM condition is practicable and appropriate.

  3. An EM report must address all of the following matters:

  4. whether an EM condition is appropriate:
    1. whether an EM condition is practicable at the proposed EM address, including whether the monitoring equipment will function adequately at that address:
      1. whether the proposed EM address is appropriate for electronic monitoring of the defendant, including whether there is any evidence of violence between—
        1. the defendant and any occupant of the premises at that address; and
          1. the defendant and any person who may reasonably be expected to visit those premises:
          2. whether every relevant occupant of the premises at the proposed EM address has consented, in accordance with section 30G(2), to the defendant remaining at the address while on bail with an EM condition:
            1. if the defendant has been charged with an offence of a kind referred to in section 29 of the Victims' Rights Act 2002, the views of the following persons as to the appropriateness of bail with an EM condition:
              1. any victim of the alleged offence; and
                1. a parent or legal guardian of a victim of the alleged offence.

                2. An EM report may address any of the following matters:

                3. the defendant's personal circumstances, including employment, training, and childcare commitments:
                  1. recommendations for other bail conditions:
                    1. the response of the prosecuting agency to the application, including any reasons for opposing it:
                      1. any other matter that the EM assessor considers to be relevant to the decision whether or not to grant a defendant bail with an EM condition.

                        Notes
                        • Section 30F: inserted, on , by section 19 of the Bail Amendment Act 2013 (2013 No 66).