Northern Territory Explanatory Statements

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BAIL AMENDMENT BILL 2016

The purpose of the Bail Amendment Bill 2016 is to amend the Bail Act to create a presumption against bail for persons charged with certain property and vehicle-related offences and, if they are granted bail, to ensure that they are closely monitored through the use of electronic monitoring.

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Bail Amendment Act 2016.

Clause 2. Commencement

This is a formal clause which provides when the Act will commence. The Act will commence on a day fixed by the Administrator by Gazette notice.

Clause 3. Act amended

This Act amends the Bail Act.

Clause 4. Section 3 amended

This clause amends the definition of ‘conviction’ in section 3 of the
Bail Act by inserting the words ‘except for section 7A(1)(g)’ after the word ‘guilt’ to clarify that the presumption against bail created by new section 7A(1)(g) is only triggered when the person seeking bail has had convictions recorded for two previous ‘serious property or vehicle offences’, as opposed to findings of guilt having been made in relation to those offences.

Clause 5. Section 7A amended

This clause amends section 7A of the Bail Act. This section provides for a presumption against bail for certain offences.

Subclause (1) inserts new section 7A(1)(g), which creates a presumption against bail where a person is charged with a ‘serious property or vehicle offence’ and has been convicted of two such offences, or attempts to commit such offences, in the past two years. The previous offences must not have arisen from the same circumstances. The presumption applies to adults and youths.

Subclause (2) inserts new sections 7A(3A) and (3B). These provisions give guidance as to the operation of the new presumption against bail in section 7A(1)(g). Section 7A(3A) provides that if a court decides to grant bail despite the presumption against, it can only do so if electronic monitoring is made a condition of bail. Operationally, this involves the accused person entering into a conduct agreement under section 27A as a condition of bail with electronic monitoring, which a court has the power under section 27A(1)(ia) and (ib) to make a requirement of a conduct agreement, being a mandatory requirement of that conduct agreement. Section 7A(3B) clarifies that section 7A(3A) effectively overrides section 28(2), which requires that bail conditions must be reasonably proportional to the risks to the safety and welfare of others or to the proper administration of justice that may result from releasing an accused person on bail.

Subclause (3) amends section 7A(4) by amending the definition of ‘previous offence’ so that, for the purpose of new section 7A(1)(g), it includes offences committed before the commencement of this Act. Subclause (3) also inserts a definition of ‘serious property or vehicle offence’. This definition lists the Criminal Code offences which fall within the ambit of section 7A(1)(g).

Clause 6. Part 9, Division 4 inserted

Clause 6 contains the transitional provisions and relevant definitions relating to the Bail Amendment Act 2016. New section 62 contains definitions of ‘amending Act’ and ‘commencement’. New section 63 relates to the operation of the amendments to section 7A. It provides that the Act only relates to the granting of bail to an accused person for an offence where the charge for that offence is filed after commencement.

Clause 7. Expiry of Act

This is a standard clause which provides that the Bail Amendment Act 2016 expires the day after it commences. As this is an amending Act, there is no need to retain the Act on the statute book, once the amendments to the Bail Act have been effected.

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