Electronic Monitoring and Bail (Qld)
In Queensland, a person who is granted bail may be required to agree to an electronic monitoring condition. This condition may be imposed on the bail agreement of an adult, or a young person, and requires the person’s compliance with their bail to be monitored by an electronic device. This article deals with electronic monitoring and bail in Queensland.
Legislation
The laws pertaining to electronic monitoring and bail are set out in the Bail Act 1980 and in the Youth Justice Act 1992.
What is electronic monitoring?
An electronic monitoring condition is a condition that requires a person to agree to wear an electronic monitoring device so that their compliance with conditions can be monitored.
A person who is placed on an order with electronic monitoring conditions must also agree to cooperate with the installation and maintenance of the device and must not tamper with the device.
The device uses GPS technology to monitor the person’s location. The data it records is available to Queensland police and to community corrections. If the person breaches a condition of the order (for example, that they not attend a particular address), the police may take action on this breach in real time.
Electronic monitoring as a bail condition
Under section 11 of the Bail Act 1980, a court may impose a condition on a person’s bail requiring them to cooperate with electronic monitoring.
When an electronic monitoring condition is imposed on a person’s bail, a court may also impose any other conditions that are necessary in relation to the device. This may include a condition that the person must attend a particular location to be fitted with the device, and that the person must take reasonable steps to ensure that the device remains in good working order.
A court is most likely to impose an electronic monitoring condition on a person’s bail if it has concerns:
- that the person may pose a risk to a particular person (for example, the alleged victim)
- that the person may fail to abide by a condition that restricts their movement (for example, a curfew)
- that the person may pose a risk if they enter particular locations (for example, licensed premises)
Courts are particularly likely to impose these conditions in cases of serious or repeated alleged family violence.
Electronic monitoring and young persons
In Queensland, a court can impose an electronic monitoring condition when it grants bail to a young person in some circumstances.
An electronic monitoring condition can be imposed on a young person if:
- the young person is over 15; and
- the young person has been found guilty of a prescribed indictable offence; or
- the young person has been charged with a prescribed indictable offence and the matter has not been finalised; and
- both the court and the young person’s residence are within a prescribed area; and
- the court is satisfied that it is appropriate to impose the condition, having regard to the young person’s ability to understand the requirements of the condition and the likelihood of the young person complying with the condition.
Breach of bail
It is a criminal offence to breach the conditions of bail. This offence is contained in section 29 of the Bail Act 1980.
A person who breaches the conditions of their bail may be fined up to 40 penalty units or imprisoned for up to 2 years.
A person may be charged with breaching the conditions of their bail on the basis that they failed to comply with condition (such as to stay away from a particular location).
A person may also be charged with a breach of bail because they failed to comply with electronic monitoring conditions (such as to cooperate with the installation or maintenance of the device).
As well as being charged with the offence of breach of bail, a person who breaches the conditions of their bail is likely to be remanded in custody until their matter is finalised. It will also be more difficult for them to obtain bail if they are charged with other criminal offences in the future.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.