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Bail Act 2000

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

30B: When court may grant bail with EM condition

You could also call this:

"When You Can Get Bail with an Electronic Monitor"

Illustration for Bail Act 2000

You can get bail with an electronic monitoring condition if you are eligible and the court is satisfied with certain matters set out in section 30I. You are eligible if you are in custody waiting for your trial and you will not be held in custody for another reason. You also need to be likely to be on bail with an electronic monitoring condition for at least 14 days.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5598937.

Topics:
Crime and justice > Courts and legal help
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30A: Purpose of EM condition, or

"What an Electronic Monitoring condition is for"

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30C: Court must not grant bail with EM condition if less restrictive bail conditions suffice, or

"Courts can't use electronic monitoring for bail if simpler rules would work."

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

30BWhen court may grant bail with EM condition

  1. A court may grant bail with an EM condition if the defendant—

  2. is eligible for bail with an EM condition; and
    1. the court has satisfied itself as to the matters set out in section 30I.

      1. A defendant is eligible for bail with an EM condition if the defendant—

      2. is in custody on remand, including if he or she has consented to being remanded in custody; and
        1. is not liable to be detained in custody under any other sentence or order; and
          1. if bail with an EM condition is granted, is likely to be on bail with an EM condition for not less than 14 days.

            1. Nothing in this section limits the discretion of a court to remand the defendant in custody if there is just cause for continued detention.

            2. For the purposes of the grant of bail with an EM condition, court includes a Registrar in any circumstance in which a Registrar is empowered to grant bail.

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