Northern Territory Explanatory Statements

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SERIOUS VIOLENT OFFENDERS (PRESUMPTION AGAINST BAIL) AMENDMENT BILL 2008

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Serious Violent Offenders (Presumption Against Bail) Amendment Bill 2008 - Serial 6
9/12/2008


2008

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

SERIOUS VIOLENT OFFENDERS (PRESUMPTION AGAINST BAIL) AMENDMENT BILL 2008

SERIAL NO. 6

EXPLANATORY STATEMENT


GENERAL OUTLINE

The purpose of this Bill is to amend the Bail Act to provide a presumption against bail for all persons (adults and youths) who are charged with committing a serious violence offence and who have been found guilty of committing a serious violence offence in the past five years. The Bill also provides for a mandatory revocation of bail in certain circumstances.

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 Serious Violent Offenders (Presumption against Bail) Amendment Act 2008.

Clause 2. Commencement

This clause provides that the Act will commence on the date fixed by the Administrator.

Clause 3. Act amended

This clause provides that the Act amends the Bail Act.

Clause 4. Amendment of section 7A (Presumption against bail for certain offences)

This clause amends section 7A to create a presumption against bail for all persons (adults and youths) who are charged with committing a serious violence offence and who have been found guilty of committing a serious violence offence in the past five years.

“Serious violence offence” is defined in section 3(1) of the Bail Act. It means an offence punishable by imprisonment for five years or more and which is an offence contained in one of the following provisions of the Criminal Code – Part V Division 2 (offences against morality); Part VI Divisions 3-6A (offences against the person involving death, endangerment, female genital mutilation, assaults, kidnapping and sexual servitude); sections 211-212 (robbery and assault with intent to steal) or any provision prescribed in the Bail Regulations (no such regulations have been made).

Clause 5. Substitution of section 38 (Arrest for absconding or breach of condition)

This clause amends section 38 to provide that a court must revoke bail if bail has previously been granted to a person charged with a serious violence offence despite the presumption against bail and the Court finds that the offender has breached a bail undertaking or condition of bail. It does not prevent a court from granting bail again on either the same or different conditions.

 

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