EM Bail has similarities to home detention (managed by the Department of Corrections). It allows suitable defendants to live at home or an approved community address, wearing an electronic anklet as part of their bail conditions.

This special anklet sends a continuous signal to a monitoring unit located at their place of residence (and at any other designated location). The monitoring unit in turn connects to a control centre which monitors and records the person's whereabouts in relation to the monitoring unit, 24 hours a day.

If the person goes beyond the monitored vicinity of the unit for an unauthorized reason an alarm is raised and Police respond to this alarm.

EM bail does not stop a person leaving the designated zone but, if they do, the electronic monitoring process shows this, so Police can act.

What are the benefits of EM bail?

EM bail enables approved offenders to remain in their home environment, and possibly for some to continue employment, while still being intensively monitored through their electronic anklet.
By remaining at home, people on EM bail are not exposed to the negative influences that contact with hardened criminals may otherwise present if they were in the prison environment.
EM bail also helps to reduce the number of people who need to be remanded in custody.
Although conviction and a custodial sentence might be the eventual trial outcome, EM bail can also provide a positive base for the longer term re-integration and rehabilitation of offenders by allowing them to remain in the community longer than might otherwise have been the case.

What about community safety?

For EM bail to be successful, it must be a safe option for communities as well as for those with whom the defendant lives and associates. Importantly, it must not compromise the requirements of the Bail Act 2000, which include a public safety consideration.
The assessment process for suitability that is undertaken by Police for the Courts includes, as key considerations:
·    the need to protect victims and witnesses involved in the case, and
·    community safety generally.
It also considers the need to preserve the integrity of the trial process.
Police staff continue to liaise with defendants throughout their EM bail period. Operational police are responsible for responding to possible EM bail breaches.

Is EM bail an effective alternative to remand in custody?

Yes.  EM bail is both cost-effective as an alternative to remand in custody and effective in ensuring that defendants granted EM bail comply with the requirements of their bail bonds and do not present a risk to public safety.
Approximately 75% of all defendants granted EM bail have complied fully with their bail conditions, for periods sometimes extending over 12 months and even beyond 2 years.  45% of instances of non-compliance have been either for minor electronic surveillance breaches, such as returning late from an authorized absence from the EM bail residence, or for breaches of non-electronic conditions of bail, e.g., consumption of alcohol in violation of a condition of prohibition.
These figures compare favorably with results from overseas jurisdictions, e.g, breach proceedings were brought against almost 50% of accused persons subject to EM bail orders in the Scottish government's EM bail pilot programme in 2007, despite the fact that most of those orders were for only partial curfews, involving restrictions to an address for 12 hours overnight.  It is likely that some credit is due in this favorable comparison to the rigor of the EM bail assessment process in New Zealand, where approximately 25% of applicants are granted EM bail as opposed to some 60% granted in the above-mentioned Scottish pilot.

What does it cost?

EM bail does not have a cost to defendants, as specific funding has been allocated to Police to implement and administer the scheme.  The annual cost to the taxpayer of managing EM bail, including processing applications and overseeing defendants who have been granted bail, represents a significant saving compared with the cost of holding those defendants in custody.

Is pre-trial bail on electronic monitoring used in other countries?

Yes.  Electronically monitored bail has been introduced in Canada, parts of the United States, the United Kingdom(England and Wales), Scotland, Sweden, The Netherlands and Israel. It is also an option in some Australian authorities, including West and South Australia.
A comparison of the international literature suggests that assessment processes and the levels of oversight of EM bailees in New Zealand generally present as more rigorous than in many other jurisdictions.
 

How can I find out more about EM bail?

These web pages will be updated whenever new information becomes available.
Further information can be obtained by contacting your local Police Prosecution Service office, found in Contacts, where one of our Bail Assessors or a prosecutor will be more than happy to answer any questions you may have or on the fact sheets below.