Northern Territory Consolidated Acts

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BAIL ACT 1982 - SECT 8

Presumption in favour of bail for certain offences

    (1)     This section applies to an offence except an offence to which section 7A applies.

    (2)     A person accused of an offence to which this section applies is entitled to be granted bail in accordance with this Act unless:

        (a)     an authorised member or court is satisfied refusing bail is justified having considered the matters mentioned in section 24; or

        (b)     the person stands convicted of the offence; or

        (c)     the requirement for bail is dispensed with under section 9.

    (3)     Subject to subsection (4), a person is entitled under this section to be granted bail in respect of an offence to which this section applies even if the accused person is in custody for some other offence or reason for which the accused person is not entitled to be granted bail.

    (4)     A person is not entitled under this section to be granted bail in respect of an offence to which this section applies, if:

        (a)     the person is in custody serving a sentence of imprisonment in connection with some other offence; and

        (b)     the authorised member or court is satisfied that the person is likely to remain in custody in connection with that other offence for a longer period than that for which bail in connection with the first-mentioned offence would be granted.

    (5)     This section does not apply if the person accused of the offence is a youth.



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