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