Northern Territory Consolidated Acts

BAIL ACT - SECT 24

(1) In making a determination as to the grant of bail to an accused person, an authorized member or a court shall take into consideration so far as they can reasonably be ascertained the following matters only:

(a) the probability of whether or not the person will appear in court in respect of the offence for which bail is being considered, having regard only to:

(i) the person's background and community ties, as indicated by the history and details of his residence, employment and family situations and, if known, his prior criminal record;

(ii) any previous failure to appear in court pursuant to a recognizance of bail entered into before the commencement of this section or pursuant to a bail undertaking;

(iii) the circumstances of the offence (including its nature and seriousness), the strength of the evidence against the person and the severity of the penalty or probable penalty; and

(iv) any specific evidence indicating whether or not it is probable that the person will appear in court;

(b) the interests of the person, having regard only to:

(i) the period that the person may be obliged to spend in custody if bail is refused and the conditions under which he would be held in custody;

(ii) the needs of the person to be free to prepare for his appearance in court or to obtain legal advice or both;

(iii) the needs of the person to be free for any lawful purpose not mentioned in subparagraph (ii); and

(iv) whether or not the person is, in the opinion of the authorized member or court, incapacitated by intoxication, injury or use of a drug or is otherwise in danger of physical injury or in need of physical protection;

(c) the risk (if any) that the accused person would (if released on bail) interfere with evidence, witnesses or jurors;

(d) the risk (if any) that the accused person would (if released on bail) commit an offence, a breach of the peace, or a breach of the conditions of bail;

(e) the risk (if any) that would result from the accused person's release on bail to the safety or welfare of:

(i) the alleged victim of the offence; or

(ii) the close relatives of the alleged victim; or

(iii) if the alleged victim is a child - any person (other than a close relative) who has the care of the child; or

(iv) any other person whose safety or welfare could, in the circumstances of the case, be at risk if the accused person were to be released on bail.

(2) For the purposes of this section, the authorized member or court may take into account any evidence or information which the authorized member or court considers credible or trustworthy in the circumstances, including hearsay evidence.

(3) In assessing risks to others that could result from the release of an accused person on bail, the authorised member or court must have regard to risks of the following kinds:

(a) a risk of violence or intimidation;

(b) a risk of property damage;

(c) a risk of harassment;

(d) any other risk to safety or welfare.

(4) If the alleged victim of an offence is a child, or the alleged offence is a serious sexual offence or a serious violence offence, the safety and welfare of the alleged victim must be considered with particular care.

(5) In regard to a child's safety and welfare, the following matters are to be considered:

(a) the child's age;

(b) the age of the accused person;

(c) any familial relationship that may exist between the child and the accused person;

(d) the living arrangements for the child and for the accused person (assuming the accused person's release on bail);

(e) the desirability of preserving the child's living arrangements and family and community relationships;

(f) the emotional as well as the physical wellbeing of the child;

(g) any other relevant matter.

(6) If an alleged victim expresses concern to the prosecutor that the release of the accused person on bail could lead to a risk to the alleged victim's safety or welfare, the prosecutor must, wherever practicable, inform the authorised member or court about that concern and the reasons for it.