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Bail Act 2000

Court bail - Granting of bail on adjournment - Testing and monitoring of defendants on bail with drug or alcohol conditions

30X: Information obtained from drug and alcohol testing or monitoring

You could also call this:

"Using drug and alcohol test results to check bail rules"

Illustration for Bail Act 2000

You can use information from drug and alcohol tests or monitoring for certain purposes. This includes checking if you are following the rules of your bail, and finding out if you are not following the rules. You can also use this information to check if you have tampered with a monitoring device. You can use this information for other purposes if you ask for it to be used that way or agree to it. However, this information must not be used as evidence that you committed a crime, unless you ask for it to be used that way or agree to it. If someone in charge says in writing that the information is correct, a court can assume it is correct. This is unless there is other evidence that says it is not correct, and the information was obtained according to the rules set out in section 30T(1) and sections 30T to 30V.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7253662.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyHealth and wellbeing > Public health
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30W: Breach of drug or alcohol condition, or

"Breaking a rule about not using drugs or alcohol when you're on bail"

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Part 3Court bail
Granting of bail on adjournment: Testing and monitoring of defendants on bail with drug or alcohol conditions

30XInformation obtained from drug and alcohol testing or monitoring

  1. Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 30T(1)—

  2. may be used for all or any of the following purposes:
    1. verifying compliance by the defendant with a drug or alcohol condition:
      1. detecting non-compliance by the defendant with a drug or alcohol condition, and providing evidence of that non-compliance:
        1. verifying that the defendant has not tampered or otherwise interfered with a drug or alcohol monitoring device:
          1. any purpose for which the defendant has requested, or consented to, the information being used; and
          2. must not, except at the request or with the consent of the defendant, be used as evidence that the defendant committed an offence or for any other purpose not listed in paragraph (a).

            1. A judicial officer or court may, in the absence of evidence that is available to the judicial officer or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

            2. is accurate; and
              1. was obtained in the manner required by sections 30T to 30V.

                Notes
                • Section 30X: inserted, on , by section 9 of the Bail (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 83).