What happens if you breach bail nz

Judges will also look at: whether the defendant or young person may fail to appear whether the defendant or young person may interfere with witnesses or evidence; whether the defendant or young person may offend while on bail. This means that: all applications filed from 13 January will need to be made on the revised EM bail application form. Police will continue to be responsible for: responding to any instances of non-compliance with EM bail i.

How EM bail works When the defendant is at home, the electronic anklet sends a continuous signal to a monitoring unit installed at the defendant's residence.

Absences In all cirumstances the defendant must contact the EM Bail Team at Corrections if they want to plan some time away from their approved address. This article is focused on New Zealand law and explains issues from a Common law perspective. Browse self-help articles. If you have been released on court or Police bail and you do not turn up for your next court appearance as required, a warrant can be issued for your arrest.

Further, failing to turn up at court in this way without a reasonable excuse is a separate offence. There are further restrictions when you are charged with an offence that has a penalty of three or more years jail, if you have previously served time in jail and you committed an offence while out on bail. Bail Act , s 8. In deciding whether to grant bail, the court must consider whether there is a risk that you may:.

The court must also consider any matter that would make it unjust to keep you in jail. Your lawyer can contact the officer in charge of the case or police prosecutions. If someone is charged with certain serious offences, including sexual violation or other serious assault, the court must take into account any views of the victim about whether bail should be granted.

The police will liaise with the victim. If you are granted bail, you have to sign a bail bond which sets out the conditions of bail. The court can impose bail conditions that are reasonably necessary to make sure you:. A minimum condition is that you appear in court at a particular time and place.

Bail Act , ss 30TX. You can also be required to wear a special bracelet or anklet to continuously monitor you for drug or alcohol use. Sometimes you can be granted bail with an electronic monitoring condition see below. Bail Act , ss 30AS. The prosecution which is usually the police must also agree to you being on EM bail.

Bail Act , ss 38, A warrant for your arrest may be issued. This can be noted down in the court records, and it can be taken into account the next time you apply for bail, whether in your current case or a later one. The information in this section is an online version of our highly useful resource The Community Law Manual. Community Law Centres across Aotearoa are operating remotely. Further, a person will not be bailable as of right if they have previously been convicted of an offence punishable by imprisonment, and if they are now also charged with an offence punishable by imprisonment.

Section 8 of the Bail Act also lists other factors the court may take into account when making this assessment. They include but are not limited to the following:. These matters are relevant because, in some cases, a person remanded in custody may spend more time in prison waiting for trial than they would serve if ultimately convicted. The court must also take into account the views of any victim of an offence. Young defendants Defendants who are 17 years of age must generally be granted bail provided they have not been previously sentenced to imprisonment, or charged with serious offending section Specific exceptions These general guidelines are subject to exceptions detailed at sections 9 to 17A in the Bail Act For example there are restrictions on the grant of bail where a person has been charged with particular types of serious offending.

These include murder see section 9A or certain drug-related offences see sections 16 and 17A. Restrictions also apply where a person has been found guilty and is awaiting sentence see section When deciding whether to grant bail in such cases, the court may instead take into account whether the person is likely to be sentenced to imprisonment, the likely length of time until the sentence hearing, the personal circumstances of the person and their immediate family and any other relevant considerations.