Northern Territory Consolidated Acts

BAIL ACT - SECT 33

(1) An authorized member shall ensure that:

(a) the person charged is made aware of the determination of the member with respect to the granting of or the refusal to grant bail as soon as practicable after that determination is made;

(b) the person charged is aware of his right to apply to a magistrate or justice for a review of that determination in the circumstances mentioned in subsection (3); and

(c) as far as is practicable, the person charged is able to communicate with a legal practitioner or any other person in connection with an application to a magistrate or justice under this section.

(2) An authorized member may refrain from complying with subsection (1)(c) if he believes on reasonable grounds that it is necessary to do so in order to prevent:

(a) the escape of an accomplice of the person charged; or

(b) the loss, destruction or fabrication of evidence relating to an offence.

(3) Where an authorized member:

(a) refuses to grant bail to the person charged;

(b) fails to determine whether or not to grant bail to that person within a period of 4 hours after the person was charged with an offence; or

(c) determines to grant bail to the person subject to conditions (other than a bail undertaking) which the person is unable or unwilling to comply with, or which the person is unable or unwilling to arrange for another person to comply with,

the person charged may apply to a magistrate or justice for a review of the determination, or for a grant of bail by the magistrate or justice where there has been a failure by the authorized member to grant bail, as the case may be.

(4) Where the person charged indicates to a member of the Police Force that he wishes to make an application under subsection (3), the member shall, as soon as practicable after the person gives that indication, bring or arrange for the person to be brought before a magistrate or a justice or shall arrange for the person to make an application to a magistrate or justice by telephone, telex, radio or similar facility.

(5) Where a person makes an application under this section to a magistrate or a justice, the magistrate or justice may, subject to this Act, after affording:

(a) the applicant or a legal practitioner representing him; and

(b) the authorized member concerned,

an opportunity to make submissions, in his discretion grant or refuse to grant the person bail, or may review any conditions of bail granted by an authorized member, and may make such other orders as he thinks fit.