Northern Territory Consolidated Acts36A. Immediate review and stay of decision to grant bail
(1) This section applies if:
(a) a magistrate or justice decides to release an accused person on bail; and
(b) a police officer or legal practitioner appearing for the Crown immediately informs the magistrate or justice that a request for review of the decision is to be made to the Supreme Court under this section.
(2) The decision of the magistrate or justice is stayed.
(3) The accused person must not be released while the stay of the decision has effect under this section.
(4) The stay of the decision has effect until the earliest of the following:
(a) the Court affirms or varies the decision or substitutes another decision for the decision of the magistrate or justice;
(b) a police officer or legal practitioner appearing for the Crown files in the Court a notice that the Crown does not desire to proceed with the review;
(c) 4 pm on the day that is 3 business days after the day the decision was made.
(5) The Court may extend the time referred to in subsection (4)(c) if the Court thinks that it is appropriate to do so in the circumstances.
(6) The Court may exercise its power under subsection (5) more than once.
(7) The request for the review of the decision must be dealt with as expeditiously as possible.
(8) The review is by way of rehearing.
(9) Evidence or information in addition to, or in substitution for, the evidence or information given or obtained on the making of the decision may be given or obtained on the review.
(10) A decision as varied or substituted under subsection (4)(a) must conform with this Act.
(11) If the person is released because of subsection (4)(b) or (c), the conditions of bail are those that would have applied had the decision not been stayed.
(12) In this section:
business day means a day other than a Saturday, Sunday or public holiday.