Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 134

Forfeiture of bail

    (1)     If the Court orders forfeiture of a bail undertaking, Part 8 of the Fines and Penalties (Recovery) Act 2001 applies and payment can be enforced under that Act unless the Court orders detention or imprisonment in default under subsection (2).

    (2)     The Court may order that if the forfeited amount is not paid within 28 days, the youth in respect of whom the order is made must be detained at a detention centre or imprisoned until his or her liability to pay the forfeited amount is discharged.

    (3)     If the Court makes an order under subsection (2) and the forfeited amount is not paid within 28 days, the Court may issue a warrant of commitment in respect of the youth specifying the period of detention or imprisonment calculated on the basis of the amount forfeited as follows:

        (a)     the period must be one day for each amount (or part of that amount) prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act 2001 that comprises the amount forfeited;

        (b)     the period must not be less than one day;

        (c)     the period must not exceed 3 months.

    (4)     If a youth serves the total period of detention or imprisonment under a warrant under subsection (3), the forfeiture is taken to be satisfied.

    (5)     If a youth serves part of the period of detention or imprisonment under a warrant under subsection (3), the forfeiture is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act 2001 for each day actually served.

    (6)     Unless otherwise ordered by the Court, any period of detention or imprisonment that the youth has to serve as a result of an order under subsection (2) must be served:

        (a)     cumulatively on any incomplete sentence or sentences of detention or imprisonment imposed on the youth for the default of a payment of a fine or sum of money; and

        (b)     concurrently with any incomplete sentence or sentences of detention or imprisonment imposed on the youth other than for the default of a payment of a fine or sum of money, whether the other sentence was or the other sentences were imposed before or at the same time as that term.



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