Part 2Aprovides for a trial of the electronic monitoring of children on bail in certain circumstances.

Part 2A provides for a trial of the electronic monitoring of children on bail in certain circumstances. S. 5AAA(8) inserted by No. 34/2025 s. 14. (8) A bail decision maker may impose an electronic monitoring condition if— (a) the bail decision maker is not making an applicable decision within the meaning of Part 2A; and (b) the monitoring required or facilitated by the condition is to be carried out by a prescribed entity; and (c) the prescribed requirements (if any) are met. S. 5AAA(9) inserted by No. 34/2025 s. 14. (9) Nothing in subsection (7) or (8)— (a) limits what a bail decision maker may do under Part 2A; or (b) otherwise affects the operation of that Part. S. 5AAB (Heading) substituted by No. 28/2023 s. 44(1). S. 5AAB inserted by No. 26/2017 s. 6. 5AAB Bail decision maker to have regard to means of accused or bail guarantor S. 5AAB(1) amended by No. 28/2023 s. 44(2). (1) If a bail decision maker is considering, in accordance with section 5(2)(b), imposing a condition that requires a deposit of money of a specified amount, the bail decision maker must have regard to the means of the accused in determining— (a) whether to impose the condition; and (b) the amount of money to be deposited. (2) If a bail decision maker is satisfied under subsection (1) that the accused does not have sufficient means to satisfy a condition requiring a deposit of money of a specified amount, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d). S. 5AAB(3) amended by No. 28/2023 s. 44(3)(a)(b). (3) If a bail decision maker is considering imposing a condition that requires a bail guarantee, the bail decision maker must have regard to the means of a proposed bail guarantor in determining— (a) whether to impose the condition; and S. 5AAB(3)(b) amended by No. 28/2023 s. 44(3)(c). (b) the amount of the bail guarantee. S. 5AAB(4) amended by No. 28/2023 s. 44(4). (4) If a bail decision maker is satisfied under subsection (3) that the accused is unable to provide a bail guarantor with sufficient means, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d). S. 5AA inserted by No. 1/2016 s. 11. 5AA Conditions of bail granted to a child in certain circumstances S. 5AA(1) amended by No. 26/2017 s. 15(2). (1) This section applies if an accused who is a child is granted bail by a bail justice, police officer, the sheriff or a person authorised under section 115(5) of the **Fines Reform Act 2014**. S. 5AA(2) amended by No. 26/2017 ss 14(3), 15(2). (2) The court, at the first hearing following the grant of bail at which the child is present, must ensure that the conditions of bail imposed by the bail justice, police officer, sheriff or person authorised under section 115(5) of the **Fines Reform Act 2014** comply with the requirements of section 5AAA(2). (3) The court may make any variations to the conditions of bail that are necessary for the purposes of subsection (2). S. 5A (Heading) amended by Nos 48/2006 s. 42(Sch. item 4.2), 68/2009 s. 97(Sch. item 11.5). S. 5A inserted by No. 21/2005 s. 60.