Frequently asked questions
What is EM Bail?
EM Bail provides the courts with an option to bail pre-trial remand prisoners on electronic monitoring upon application by the defendant to the court.
Each application will be determined on its merits by the Courts after a full assessment by Police, with the requirements of the Bail Act 2000 and public safety being paramount.
EM Bail is an alternative available to a defendant who has either had bail refused or has been remanded in custody because bail was not sought before the trial.
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How will EM-Bail work?
EM Bail will have similarities to home detention (managed by the Department of Corrections). It allows eligible defendants to live at home or an approved community address, wearing an electronic bracelet as part of their bail conditions.
This special bracelet sends a continuous signal to a monitoring unit located at their place of residence (and any other designated location), which in turn connects to a control centre which monitors and records the person's movements 24 hours a day.
If the person goes beyond the monitored vicinity of the unit for an unapproved reason an alarm will be raised. The police will respond to this alarm.
EM Bail will not stop a person leaving the designated zone but, if they do, the electronic monitoring process will show this so police can act.
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What are the benefits of EM Bail?
EM Bail enables eligible offenders to remain in their home environment, and possibly for some to continue employment, while still being intensively monitored through their electronic bracelet.
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 will help reduce the number of people remanded in pre-trial custody.
Although conviction and a custodial sentence might be the eventual trial outcome, EM Bail provides a positive base for the re-integration and rehabilitation of offenders by allowing them to remain 'in the community' longer than might otherwise have been the case.
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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 would live and associate. Importantly, it must not compromise the requirements of the Bail Act 2000, which includes a public safety consideration.
The assessment process for suitability that will be undertaken by Police for the Courts will, in every case, include as key considerations the need to protect victims and witnesses involved in the case and community safety generally. It will also consider the need to preserve the integrity of the trial process.
Police staff will continue to liaise with defendants throughout their EM Bail period. Operational police will be responsible for responding to possible EM Bail breaches.
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When will it happen?
EM Bail is being phased in nationally by Police from September 2006, with completion by December 2006.
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How will we know if EM Bail is effective?
The Police will formally evaluate the effectiveness of the EM Bail scheme. The findings of the evaluation, including whether specific legislation is desirable, will be reported to justice sector Ministers by the Ministry of Justice and the Police in late 2007.
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What will it cost?
EM Bail will not be a cost to defendants. Specific funding has been allocated to Police to implement and administer the scheme.
Is pre-trial bail on electronic monitoring used in other countries?
Yes. Electronically monitored bail has been introduced in Canada, the United States and the United Kingdom, and is currently being trialled in Scotland. It is also an option in some Australian authorities, including Western and South Australia.
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How can I find out more about EM Bail?
These web pages will be updated whenever new information becomes available.
Information pamphlets are also being prepared to assist those who might be personally affected by EM Bail.
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