EM Bail (Electronic Monitoring on Bail)

Electronic Monitoring on Bail (EM Bail) provides the courts with an option to bail pre-trial remand prisoners on condition that they be electronically monitored.

New approaches are needed for reducing and preventing crime and punishing and rehabilitating offenders. New Zealand’s increasing rate of imprisonment is not sustainable, either financially or socially.

Justice and social sector agencies have been looking at a range of interventions aimed at reducing both the crime rate and the prison population. One of these initiatives is Electronic Monitoring on Bail (EM Bail).

EM bail is a bail option for use by the courts, which uses electronic monitoring as a special condition of bail for court-approved pre-trial defendants.

The Government has tasked New Zealand Police (Police) to manage EM bail. This is an extension of what Police currently do under the Bail Act 2000, where a person charged with an offence can be remanded in custody or released on bail (with or without special conditions) until trial.

The need to protect the interests of the victim, community safety and the need to preserve the integrity of the trial process is central to any EM bail assessment and the court decision.

Background

Currently, defendants charged with an offence may be remanded in custody or remanded on bail into the community with or without conditions.

In December 2005, the Government approved a new alternative to custodial remand. This was the option of electronic monitoring as a condition of bail for eligible defendants who would otherwise have been remanded in custody.

EM bail will be introduced progressively throughout the country, beginning in Northland and Auckland on 25 September this year. The roll-out will be completed by 1 December 2006.

Eligibility for EM Bail

Any person remanded in pre-trial custody may apply for EM Bail. However, applications will be determined by the Courts on a case by case basis following assessment and report-back by Police or other pertinent prosecuting agency, the requirements of the Bail Act 2000 and public safety being paramount.

Application process

The defendant or his/her lawyer must apply to the Courts to be considered for EM Bail. Application forms will be available at court offices.

When an application is received by the Court, a copy is given to the Police Prosecution Service (PPS). An EM Bail Assessor is then assigned to undertake an inquiry to inform the EM Bail report-back to the Court (through the PPS or other pertinent prosecuting agency) as to the viability of the application.

EM Bail assessors are part of the PPS and are located in PPS offices in each police district around the country.

In their inquiry, EM Bail Assessors check out factors such as the location of proposed EM Bail residence, area cell phone coverage and distance from the nearest 24-hour police station. The assessor must also seek consent from the occupants of the proposed residence. The views of the victim(s) will also be sought, and a range of other enquiries undertaken.

The report-back will say whether Police or the pertinent prosecuting agency consider EM Bail feasible and, if so, put forward possible bail conditions. Courts will then determine the outcome of the application.