Electronic Monitoring Bracelets

Legislation

Bail Act 2013  amendments

Bail and Other Legislation Amendment (Domestic Violence) Bill 2024

S.28B (2),  ‘the grant of bail must be subject to bail conditions that the accused person be subject to electronic monitoring.’ amended October 2024. 

‘unless the bail authority is satisfied sufficient reaosn exist, in the interest of justice, to justify not imposing the condition.’

[Amendments to the Bail Act 2013 good legislation, knee jerk reaction in 2014, courts have the power to impose GPS tracking on an alleged offender.

Those accused of serious domestic violence offenses will face higher threshold for securing bail as they must show cause as to why they should not be detained in addition to electronic monitoring if granted bail. These changes followed a series of high-profile domestic violence cases like Molly Ticehurst.]

Parole

Conditions of Intensive Correction Orders

Case

Molly Ticehurst

Daniel Billings, the former partner of Forbes woman Molly Ticehurst, was charged with her murder while on bail for allegedly raping and stalking her. This tragedy has prompted calls to review bail conditions, including whether alleged perpetrators should be required to wear ankle monitors. 

The Queen v Hoffman [2021]

Benjamin Hoffmann, who had been released on parole with an ankle monitoring bracelet after serving time for violent offences, fatally shot four people while under the influence of drugs during a rampage in Darwin on June 4, 2019

Media

FOR

“These changes will give victim-survivors of domestic and family violence greater peace of mind and support their safety planning while the matter is dealt with in the courts” said Hannah Tonkins, the NSW women’s safety commissioner in ‘Ankle Bracelets for Domestic Violence Perpetrators in NSW’ Hammilton Janke Lawyers 14th January 2025

On the sheet

 Society as a whole may be comforted as the ankle monitors flag the NSW police of the predator's entrance to “locations where the people in need of protection live or frequent, such as home, school and work locations.”-- Jordyn Beazley ‘Alleged domestic violence perpetrators to wear ankle bracelets under NSW bail reforms’ The Guardian 2024,

Ticehurst family said the proposed bail reforms were a “bittersweet moment” reported the Nick Dole, ‘NSW government proposes higher bail threshold, electronic monitoring for 'serious' domestic violence offenders’ 14 May 2024 ABC

Statistic

The Domestic Violence Electronic Monitoring (DVEM) program assesses the effectiveness of electronic ankle monitoring on domestic violence offenders. They found the likelihood of a reoffending decreased by 9.6%, with 32.9% less likely to commit a new domestic violence offence.  24 May 2023 BOSCAR

AGAINST

“civil liberties groups have previously cautioned against the overzealous use of the devices”

“Darwin gunman was wearing an electronic monitoring bracelet as he shot and killed four people” - ABC Jun 2019, ‘Alleged Darwin gunman was wearing an electronic monitoring device. How do they work?’

International Instrument

Universal Declaration of Human Rights article 3

‘Everyone has the right to life, liberty and security of person.’

ICCPR

Article 12 —> freedom of movement within a country. this can restrict movement particularly if it involves curfews or limitations on where an individual can go

Article 17 —> right to privacy, some with GPS tracking can be seen as a violation of privacy and potential recording their activities.

Article 14 —> right to be presumed innocent. the bail conditions for alleged domestic violence offenders raises concerns about the right to be innocent until proven guilty. the bracelets can be viewed as a form of punishment or restriction before a trial has concluded.

Document

The Corrective Services Ministers Conference (1996)

‘Restriction and surveillance can also be used to reduce the likelihood of the individual re-offending, particularly against the original victim.’ while on bail —> ON THE SHEET

 published guidelines of home detention and electronic monitoring station that home detainees should be subject to the minimum level of supervision necessary and the devices should be unobstructive and clearly explained to offenders.

About Electronic Monitoring Bracelets

Definition

Electronic monitoring (EM) bracelets are surveillance devices worn by individuals as a condition of bail, parole or home detention allowing authorities to track a persons location and ensure compliance with court imposed restrictions.

• devices are intended to alert police if the accused enters areas restricted under their bail conditions.

Allows for:

• Detention (individual remains in a designated place

• Restriction (ensure an individual does not enter proscribed area)

• Surveillance (track a person without restricting physical movment)

Advantage

• Reduced prison populations as monitoring is an alternative to prison. Reducing cost of building prisons

• Ability for rehabilitation and reintegration

  Allows offenders to maintain employment and contact with their families and reduces the negative psychological effects of incarceration

• Protection and public safety through GPS tracking

Disadvantage

• Lack of incapacitation as Electronic Monitoring does not physically restrain a person meaning a possibility of recidivism

• The public may view an offender been given a home detention with electronic monitoring as the courts being too lenient

• Concern for over regulation and infringement of human rights. The offenders face substantial restrictions on their freedoms and “may be unfairly stigmatised by the criminal justice system. Thus, it is more difficult for them to reintegrate into society and move forward with their lives.” -Hammilton Janke Lawyers 14th January 2025

• Its effectiveness is questioned in terms of if breach rates of the ankle monitoring increase, overall prison admissions may increase.

• Some offenders must contribute a fee to cover the equipment and ongoing monitoring costs

Criteria’s for effectivness

FOR

1. Responsiveness

AGAINST

1. Protection of rights

For	Against
Prison overcrowding and cost reduction	Critiques that it is e-carceration with 24/7 surveillance and movement restriction
Respond to criticism of bail systems unfairly impacting low-income defendants	Economic burden on defendant, required to pay fees- affecting low-income individuals
Public safety and domestic violence, protect the victim through GPS tracking	Stigmatisation and reintegration barriers into work, education and society