As of 11 October 2024, significant changes to the Bail Act 2013 took effect, in respect of serious domestic violence offences. These changes introduce mandatory electronic monitoring for accused persons granted bail, which are intended to substantially mitigate the risks associated with alleged offenders being at liberty pending the outcome of their cases.
Below, we explain the new provisions, and particularly, those provisions that accused persons, and members of the community should be aware.
Why These Changes Are Important
The primary objective behind the introduction of electronic monitoring devices (EMDs) is to enhance the safety of victims, their families and in some cases, their partners. Whilst a fundamental tenet in the granting of bail is that it is never without risk, strict adherence to the electronic monitoring provisions will assist in striking the right balance between avoiding the premature incarceration of individuals and minimising the risks to victims of serious domestic violence offences.
Key Points of the New Provisions
- Mandatory Electronic Monitoring for Serious Domestic Violence Offences For serious domestic violence charges, the offender will now be required to wear an electronic monitoring device (EMD) as a condition of their bail. This new provision enhances oversight for authorities, in trying to ensure the accused]s compliance with bail conditions and reducing the risk of reoffending while on bail.
- Role of the Commissioner of Protective Services Once bail is granted, the Court is obligated to inform the NSW Commissioner of Protective Services. The Commissioner will oversee the fitting of the EMD on the accused as soon as practicable and after the accused has complied with all other bail conditions.
- Ensuring Device Functionality After the EMD is fitted, the accused must return directly to their home and contact an authorised person designated by the Commissioner. This process will ensure that the EMD is functioning properly.
- Ongoing Compliance and Breaches The accused is subject to ongoing obligations regarding the use and maintenance of the EMD. Failure to comply with these obligations, or tampering with the device, constitutes a breach of bail and could lead to their bail being revoked and further charges.
- Monitoring and Reporting Malfunctions If at any time the authorised person determines that the EMD is not functioning effectively, within two (2) days of that determination, notice will be given to Police and to the accused’s lawyer. This process provides a safeguard for both the accused and the public, ensuring that any technical issues are promptly addressed.
What You Need to Know
These amendments to the Bail Act come at a crucial time when there is increased attention on protecting victims of domestic violence. Electronic monitoring provides an added layer of safety, ensuring that offenders are closely monitored even when granted bail.
While the changes took effect on 11 October 2024, it is important for those involved in criminal law, as well as the general public, to stay informed about the impact of these provisions. For accused persons, it is essential to fully understand the conditions attached to their bail and the serious consequences of any breach. For victims, these changes offer enhanced protection and support.
At Conditsis Lawyers, our team is well-versed in these recent legislative changes. If you or someone you know is affected by domestic violence or has questions about the new Bail Act amendments, our experienced criminal law team can provide advice and guidance.
