New bail laws: electronic monitoring for domestic violence defendants

The NSW Government has implemented new bail reforms that mandate GPS electronic monitoring for alleged domestic violence offenders. The changes aim to provide better protection for individuals affected by domestic and family violence by closely monitoring people accused and charged with domestic violence offences.

What are the changes?

Earlier in 2024, the NSW government brought in changes to legislation which made it more difficult for people accused of serious domestic violence offences to obtain bail by introducing the “show cause” threshold – that is, a person applying for bail with these charges has to show cause as to why their continued detention is unjustified.

Under further new legislation which came into place in October 2024, people accused and charged with serious domestic violence offences who are granted bail will be electronically monitored by way of an ankle bracelet.

The changes mean that Corrective Services will be able to monitor any geographical bail conditions which restrict the person from entering places that are excluded by way of the bail conditions. If a person enters an excluded place (which could be a residential address, school or work locations or even specific suburbs of locations) Corrective Services will contact NSW Police to alert them to a potential breach of bail.

What does this mean for bail applications?

For defendants granted bail after being accused of a serious domestic violence offence, there is now a presumption that they will be subject to electronic monitoring unless the court is satisfied that there are sufficient reasons in the interests of justice to justify not imposing that condition.

It does not apply to all domestic violence offences. A “serious domestic violence offence” is defined as a domestic violence offence under the Crimes Act which carries a maximum penalty of 14 years or more and is committed by a person against an intimate partner. It also includes equivalent offences in other jurisdictions.

The things a court must take into account in granting bail has changed for all domestic violences matters against intimate partners. In assessing whether there are any bail concerns, the court must take into account, firstly whether the alleged offence amounts to domestic abuse, and secondly, the views of the complainant or their family members where it is relevant to a consideration of whether the person charged is likely to endanger the safety of others.

Still have questions?

Kingston Fox Lawyers can help. Book a free telephone consultation by clicking the button below, or give us a call on 0457 781 133.