Northern Territory Consolidated Acts

BAIL ACT - SECT 8

(1) This section applies to all offences except the following:

(a) an offence mentioned in section 7A(1);

(aa) an offence against section 181, 192(3), (4), (6), (7) or (8) of the Criminal Code, or section 120 of the Domestic and Family Violence Act , if the person accused of the offence has, within the period of 10 years immediately preceding the date of that offence, been found guilty of any of the following offences:

(i) the offence of murder;

(ii) an offence against section 181, 186, 188 or 192 of the Criminal Code;

(iii) an offence against a law of a State or other Territory or another country that is similar to an offence mentioned in subparagraph (i) or (ii);

(ab) a serious offence (the relevant offence ) if the person accused of the relevant offence:

(i) is an adult charged with committing the relevant offence while on bail for a serious offence; and

(ii) has been found guilty of another serious offence within the period specified in subsection (1A);

(b) an offence where the accused person is the subject of an order made under section 5(1)(b) of the Criminal Law (Conditional Release of Offenders) Act or section 40 of the Sentencing Act which may be breached if the person is convicted of the offence, unless:

(i) the offence is a contravention of or failure to comply with an instrument of a legislative or administrative character; or

(ii) the authorised member or court is of the opinion that the offence is so minor that a court is unlikely to regard it as a breach of the suspended sentence.

(1A) The following periods are specified for subsection (1)(ab)(ii):

(a) if the serious offence mentioned in subsection (1)(ab)(ii) is a serious violence offence - the period of 10 years immediately preceding the date of the relevant offence;

(b) if the serious offence mentioned in subsection (1)(ab)(ii) is not a serious violence offence - the period of 2 years immediately preceding the date of the relevant offence.

(2) A person accused of an offence to which this section applies is entitled to be granted bail in accordance with this Act unless:

(a) an authorized member or court is satisfied that he or it is, pursuant to a consideration of the matters referred to in section 24, justified in refusing bail;

(b) the person stands convicted of the offence; or

(c) the requirement for bail is dispensed with under section 9.

(3) Subject to subsection (4), a person is entitled under this section to be granted bail in respect of an offence to which this section applies, notwithstanding that he is in custody also for some other offence or reason, in respect of which he is not entitled to be granted bail.

(4) A person is not entitled under this section to be granted bail in respect of an offence to which this section applies, if:

(a) he is in custody serving a sentence of imprisonment in connection with some other offence; and

(b) the authorized member or court is satisfied that the person is likely to remain in custody in connection with that other offence for a longer period than that for which bail in connection with the first-mentioned offence would be granted.

(5) To avoid doubt, if an offence mentioned in subsection (1)(a), (aa), (ab) or (b) is also mentioned in section 7A(1), section 7A applies to that offence.