News · Criminal law explainer
What is electronic monitoring on bail in NSW?
For some serious matters, ordinary bail conditions are not enough to manage the risk, and the choice is between remand and something stricter. Electronic monitoring can be that stricter option. This note explains what electronic monitoring on bail is in New South Wales, when it is used, how it works, and how it can be the key to release.
By Aaron Kernaghan · Published 3 September 2026
Electronic monitoring is a strict bail condition where a person wears an ankle device that tracks their location, used to manage the risk they might otherwise pose. In NSW it is usually combined with a curfew and exclusion zones. It can be the condition that allows bail to be granted in a serious matter, by reducing the risk to an acceptable level where lesser conditions would not.
What is electronic monitoring?
Electronic monitoring on bail is a condition requiring a person to wear an electronic device, usually an ankle bracelet, that tracks their location and reports it to a monitoring service. It lets the authorities know where the person is and whether they are complying with location-based conditions.
It is one of the strictest bail conditions available, short of remand. It is used where the risk is significant but might be managed by close supervision.
When is it imposed?
Electronic monitoring is typically considered in more serious matters, where the court has a real bail concern, often about the risk of committing further offences or endangering a person, and where lesser conditions would not reduce that risk to an acceptable level. It is offered as part of a package that makes bail possible.
It is not used for minor matters, where it would be disproportionate. It is a tool for the harder cases, where the alternative is a refusal of bail.
How does it work?
Electronic monitoring is almost always combined with other conditions, most commonly a curfew requiring the person to be at a set address during set hours, and exclusion zones the person must not enter. The device reports movements, so a breach of the curfew or entry into an excluded area is detected.
The person, and often a surety or the residence, is part of the arrangement. The whole package is designed to reduce the risk enough for the court to grant bail.
How it can help you get bail
In a serious matter where bail would otherwise be refused, proposing electronic monitoring with a curfew and exclusion zones can be what tips the balance. It directly addresses the court's concern about risk, by showing the person's movements can be controlled and checked.
So electronic monitoring, though onerous, can be the difference between remand and release. Presenting it as part of a well-designed package, addressing the unacceptable risk test, is where a lawyer adds value.
What are the obligations?
A person on electronic monitoring must keep the device charged and working, stay within the conditions, and comply with the monitoring service. A breach, such as tampering with the device or breaching the curfew, is serious and can lead to bail being revoked and the person returned to custody.
It is a demanding condition, but for a person facing remand it can be worth it. Our notes on varying conditions and living with conditions explain how strict conditions are managed.
Frequently asked.
What is electronic monitoring on bail?
A strict bail condition requiring a person to wear a tracking device, usually an ankle bracelet, that reports their location, used to manage the risk they might otherwise pose.
When is electronic monitoring imposed?
Usually in more serious matters where the court has a real bail concern and lesser conditions would not reduce the risk to an acceptable level. It is not used for minor matters.
How does electronic monitoring work?
It is combined with other conditions, commonly a curfew at a set address and exclusion zones. The device reports movements, so a curfew breach or entry into an excluded area is detected.
Can electronic monitoring help me get bail?
Yes. In a serious matter where bail would otherwise be refused, proposing electronic monitoring with a curfew and exclusion zones can reduce the risk enough for the court to grant bail.
What happens if I breach electronic monitoring?
A breach, such as tampering with the device or breaching the curfew, is serious and can lead to bail being revoked and the person returned to custody. The device must be kept charged and working.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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