Barbaro v Director of Public Prosecutions (Qld)

Section 16(2A) of the Bail Act 1980 (Qld) prohibits a court from having regard to the effect of a monitoring device condition when assessing unacceptable risk under s 16(1)(a), and this prohibition cannot be circumvented by arguing the monitoring device should be considered in combination with other bail conditions. The prohibition applies in all bail applications, not only show cause cases. The interaction of s 16(2A) with s 11(5) means it will be very difficult in practice to justify imposing a monitoring device condition, because if the court has already assessed the risk as acceptable without a monitoring device, imposing one would likely be more onerous than necessary.