Northern Territory Consolidated Acts

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BAIL ACT - SECT 31

Discharge of liability of persons other than accused

31. Discharge of liability of persons other than accused

(1) Where a person other than the accused person has entered into an agreement under section 27(2)(d), (f) or (h), he may, subject to subsection (5), at any time apply:

(a) where the bail was granted by a court:

(i) to the court which granted the bail; or

(ii) to the court of appearance; or

(b) where the bail was granted by an authorized member - to the court of appearance,

to discharge the applicant from his liability.

(2) On an application being made under subsection (1), a Judge, justice or magistrate shall, if the accused person is not then in custody or before the court:

(a) issue a warrant to apprehend the accused person and bring him before the court; or

(b) issue a summons for his appearance before the court.

(3) On the appearance of the accused person before the court, the court shall, unless satisfied that it would be unjust to do so, direct that the applicant be discharged from his liability, and the applicant is, upon the direction being given, thereby discharged accordingly.

(4) If the court discharges the applicant from his liability, the court may impose further conditions on the grant of bail, and may by warrant commit the accused person to prison until he enters into the further conditions.

(5) A person may not make an application under this section if the accused person has failed to comply with his bail undertaking or an agreement entered into by the accused person pursuant to a bail condition.

(6) In this section, court of appearance means the court before which the accused person is required to appear in accordance with his bail undertaking.



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