BAIL WITH ELECTRONIC MONITORING
Information for occupants
Electronic monitoring as a condition of bail (EM bail) is granted to suitable defendants who
would otherwise be remanded in custody, in prison, while waiting for a court hearing.
A person on EM bail (a bailee) wears an electronically monitored tracker and lives at an
address approved by the Court.
Who is a "relevant occupant"?
equipment
> to give a field officer (on showing proper
A relevant occupant is any person, 16 years of
identification) access to the house to maintain
age and over, who is going to be living at the
the equipment, respond to alarms, or remove
same address as the defendant if they are
the equipment
granted EM bail.
> to give Police and Corrections staff access to
The relevant occupant includes anyone who is
the address for EM bail purposes.
thinking about moving-in or who moves into the
Each relevant occupant will sign the Occupants
address after the defendant has been granted
Consent Form to show that they:
EM bail.
> consent to the defendant living at the
What information will be sought from
address on EM bail, and
relevant occupants?
>
agree to abide by the conditions set if EM
A probation officer will contact the people who
bail is granted to the defendant.
live at the proposed address.
A copy of this document will be left at the
If the occupants agree in principle to the
address for occupants to refer to.
defendant living with them, the probation officer
will visit them at the house to talk about what is
What happens if there are children living
needed for electronic monitoring and go through
at the address?
a safety checklist. This will take about 1 hour.
Probation officers will make enquiries with Child
The probation officer will also check that the
Youth and Family:
electronic monitoring equipment will work at the
address.
> if there are children, aged 16 years or under,
living at the proposed address. This will
Obligations of relevant occupants
happen even if the children are only there
part-time.
The occupants must agree to a number of
conditions, including:
> if the defendant has past convictions or
current charges of offending against children.
> to have monitoring equipment (which is
about the size of a video recorder) in the
house
Can occupants refuse consent?
> not to move or damage the monitoring
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Yes, an occupant may refuse consent and
members and other occupants.
specify whether they want their reasons for
>
In a non-emergency - not involving a risk to
refusal (if any are given) made known to the
defendant if the defendant requests to know
personal safety contact the EM Bail Team on
those reasons.
0800 EM BAIL (362 245).
Once given, can occupants withdraw
Occupants are encouraged to express any
their consent?
concerns they might have about the impact EM
bail will have on them, family members or other
occupants.
Yes. Occupants may withdraw their consent at
any time. Occupants don’t have to given any
If consent is not given by one or more relevant
reason for withdrawing their consent.
occupants the EM bail application may be
refused.
Unless another suitable address can be found,
the EM bailee will be taken into Police custody
What pressures might be on occupants
and appear before a judge who will re-examine
if EM bail is granted?
suitability of EM bail.
Electronic monitoring can be stressful for
Contact with the EM bail call centre
occupants as well as EM bailee for a variety of
The EM Bail Team at Corrections has an
reasons, such as:
ongoing role to keeping in contact with the
> the restrictions on the EM bailee’s ability to
bailee and occupants of the house.
leave the address
If any difficulties come up contact the EM Bail
> in some cases, because the EM bailee
Team on 0800 EM BAIL (362 245) as soon as
cannot bring income into the house
possible.
> the lack of general freedom of movement or
How can I find out more about EM bail?
social contact due to other bail conditions
You can find more information about EM bail
> lack of privacy with random visits being
from:
conducted by Police personnel and field officers
to make sure the EM bailee is complying with
> Corrections website www.corrections.govt.nz
their bail conditions.
or Police website www.police.govt.nz
All of this can be difficult for other occupants
> Court offices
who provide support and do extra tasks on
> Community Probation Service Centres or
behalf of the bailee, as well as for the bailee.
What should an occupant do if there is a
> Prison remand units.
problem during EM bail?
An EM bailee, or those living with someone on
Help is available for occupants or family
EM bail can contact the EM Bail Team on
members who find it hard, physically and
0800 EM BAIL (362 245).
emotionally, to live with someone on EM bail.
Occupants and family members can get help or
support:
>
In an emergency - where personal safety is
at immediate risk by
o calling 111 and asking for the Police
o where necessary, leaving the address if
this is a safe option for you, family
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