Bail – and how it can work

Deb Hann

Senior Constable Deb Hann – On the Beat

I have been out and about again meeting with a few community groups this week, both as part of the Elder Abuse awareness campaign with Violence Free Waipa and independently in my role as Community Liaison Officer. It is great to be able to meet so many in our community, provide valuable information and answer lots of different questions.

Last week I wrote about the importance of victims or applicants of an order following through in reporting any breaches of that order to ensure the order is effective and the person is held to account appropriately.

This is something that applies to orders and restrictions put in place as part of the justice system. Bail is one example where we hold people accountable.  When a person is charged with an offence, depending on the seriousness of the offending, their history with regards to offending on bail and other factors, the courts have a few options. One option is for the person to be granted bail, with conditions. This means they live out in the community as normal, but with conditions, until their next court hearing.

Bail conditions usually include living at a specific residential address, not to contact any victim or witnesses, not to go to specified places involved in their offending and not to consume alcohol/illegal drugs. They vary depending on the offence.

While it is a big thing to take someone’s liberty from them, factors may alternatively see the person remanded in custody (prison) until their next court hearing, often with the option to apply to convert to electronically monitored bail.  If granted, EM Bail sees the person wearing a GPS monitored anklet, linked to a monitoring base that reports their movements remotely to corrections.

EM Bail means that the person has to remain within the boundaries of their home address except for any preapproved absences. If a person chooses to leave their address without approval, this is seen on their GPS tracking and is reported as a breach.  These breaches are followed up. Police arrested a male in Cambridge for just such EM Bail breaches last Saturday. He stayed in custody until appearing in court again on Monday. Repeat breaches can result in the offender being remanded back to prison. EM Bail is not the only reason a person could wear an electronic ankle bracelet. Community Detention, where a person receives an electronically monitored curfew as part of sentencing for a crime will also use the technology. Have a good week.

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