Defendants who are remanded in custody while awaiting the conclusion of their criminal charges may be placed on EM bail if the court considers EM bail restrictions will mitigate the risks they would otherwise pose in the community. Corrections monitors around 2,000 people on EM bail at any one time and on average approves over 30,000 absences each month (www.beehive.govt.nz/release/clarifying-corrections%E2%80%99-management-em-bail).

Amendments to s 30M and the inclusion of new ss 30MA, 30MB and 30MC of the Bail Act provide clear guidance as to the granting of authorisation to a person on EM bail to be absent from the EM bail address.

New commentary discusses these changes.

Westlaw

Bail Act 2000, s 3 (“EM assessor”): see [BL3.09.01]

Bail Act 2000, s 5: see [BL5.01]

Bail Act 2000, s 7: see [BL7.02(1)], [BL7.02(2)] and [BL7.02(4)]

Bail Act 2000, s 8: see [BL8.10]

Bail Act 2000, s 30: see [BL30.01]

Bail Act 2000, s 30A: see [BL30A.01]

Bail Act 2000, s 30C: see [BL30C.01]

Bail Act 2000, s 30E: see [BL30E.01]

Bail Act 2000, s 30I: see [BL30I.01]

Bail Act 2000, s 30L: see [BL30L.01]

Bail Act 2000, s 30M: see [BL30M.01]

Bail Act 2000, s 30MA: see [BL30MA.01]

Bail Act 2000, s 30MB: see [BL30MB.01]

Bail Act 2000, s 30MC: see [BL30MC.01]

Bail Act 2000, s 30O: see [BL30O.01]

Bail Act 2000, s 30Q: see [BL30Q.01]

Bail Act 2000, s 30V: see [BL30V.01]

Please see Adams on Criminal Law – What’s New for a complete list of the amended commentary, as well as a list of recent Criminal Procedure case law added.