Electronic monitoring as a condition of bail (EM bail) is granted to defendants meeting a range of criteria who would otherwise be remanded in custody, in prison, while waiting for a court hearing.
A person on EM bail wears an electronically monitored anklet and lives at an address approved by the Court.
EM bail is managed by Department of Corrections (Corrections). New Zealand Police respond to breaches of EM bail as reported to them by Corrections.
How is EM bail applied for?
An accused or their lawyer must file an EM bail application at:
- Court and get a hearing date – usually set at least 10 working days from the date of filing, and
- the local office of the Police Prosecution Service.
Corrections complete a Suitability Report and provide it to the Court, Police, and defence counsel two working days before the hearing date.
Note: Any victim’s views and the views of the police officer in charge of the case are obtained as part of the Suitability Report.
What happens when EM bail is granted?
The defendant is required to go directly to their approved address and wait for a probation officer and a security guard to arrive. They will set up the monitoring equipment and fit the electronic anklet. The defendant is then electronically monitored for as long as their EM bail continues.
What happens if a defendant breaches their EM bail condition?
The anklet triggers an alarm, and Corrections check to determine if the accused is breaching their conditions, including whether:
- they have tried to take off the anklet
- they have left the approved address without permission
- they are late back from a planned absence.
The defendant may be arrested and appear before the Court who decide whether their EM bail should continue.
For more information about EM bail, including the EM bail application form, what is included in a Suitability Report, and suitability of addresses, check out the Department of Corrections website.
Who to contact
You can contact the Corrections EM Bail Team on
- 0800 EM BAIL (0800 362 245), or