nt_bail_act_1982 by wuzhengqin


									                                                             B AIL ACT 1982(NT)
Amending legislation                                                       Description
Bail Act 1982 (Act No. 57, 1982)                                           ------------

Statute Law Revision Act 1983 (Act No. 58, 1983)                           Terminology

Bail (Criminal Code) Amendment Act 1983 (Act No. 59, 1983)                 Simply extends provision of bail to situation where accused is found
                                                                           incapable of understanding proceedings by Supreme Court of NT under s
                                                                           357 of the NT Criminal Code – bail is permitted whilst the accused is dealt
                                                                           with according to law

Statute Law Revision Act 1984 (Act No. 28, 1984)                           Terminology

Bail Amendment Act 1988 (Act No. 11, 1988)                                 Shifts police powers with respect to bail. Whereas previously they had an
                                                                           obligation to bring a person in their custody upon arrest/charge before a
                                                                           justice or magistrate ‘if practicable’, now, as an alternative, police may inform
                                                                           the person of their right to bail and ensure that they have contact with an
                                                                           advocate. (s 16(1))

Bail Amendment Act 1989 (Act No. 8, 1989)                                  Amendment of criteria to be considering when deciding on bail – in terms of
                                                                           protection/welfare of the community (s 24(c)), there is a new subsection (d):
                                                                           where the offence involves an alleged contravention of the equivalent of a
                                                                           restraining order (under the then Justice Act), the likelihood of injury or
                                                                           threats to the person for whose benefit that order has been made, or damage
                                                                           to their property, must be relevant factors to consider.

Director of Public Prosecutions (Consequential Amendments) Act 1990 (Act   Terminology – replaces ‘Attorney-General’ with ‘Director of Public
No. 29, 1990)                                                              Prosecutions’ in relation to relevant duties and responsibilities throughout the
                                                                           Act (such as the power to request a review of bail).

Statute Law Revision Act 1990 (Act No. 33, 1990)                           Terminology

Bail Amendment Act 1993 (Act No. 74, 1993)                                 Provides for deposit of passport as condition of bail (s 3(5)(d)). Section
                                                                           27(2)(j) sets out circumstances where this condition might be imposed –
                                                                           where an offender is liable to a term of imprisonment of two or more years, or
                                                                           a penalty of $10,000

Bail Amendment Act 1994 (Act No. 10, 1994)                                 Division 1A, s 7A added – presumption of bail in certain cases (murder,
                                                                           treason, and in relation to certain serious drug offences). Section 8 is also
                                                                           amended – whereas a presumption in favour of bail applied in all offences
                                                                           bar limited exceptions, now the section sets out a more expansive list of
                                                                           relevant offences (ie s 10 of Domestic Violence Act; breach of order under
                                                                           Criminal Law (Conditional Release of Offenders) Act etc.).

                                                                           There is also a new s 23A which provides that there will be no bail unless
                                                                           exceptional circumstances exist where there is an appeal to the Court of
                                                                           Appeal against either conviction or sentence on indictment

Statute Law Revision Act 1994 (Act No. 50, 1994)                           Terminology

Statute Law Revision Act 1995 (Act No. 14, 1995)                           Terminology

Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)          Includes offences related to s 40 of the Sentencing Act (suspended
                                                                           sentence) along with breaches of orders under the Criminal Law (Conditional
                                                                           Release of Offenders) Act in relevant sections (for instance, s 8(1) and where
                                                                           the presumption in favour of bail will not apply).

Bail Amendment Act 1996 (Act No. 32, 1996)                                 Amends s 8 so that the presumption in favour of bail will now cease to
                                                                           operate for certain narcotic offences under the Cth Customs Act punishable
                                                                           by a term of imprisonment of 10 years plus

Bail Amendment Act 1998 (Act No. 9, 1998)                                  Terminology??

Statute Law Revision Act (No. 2) 1998 (Act No. No. 92, 1998)               Terminology – includes juvenile court in definition of ‘court’ (s 3)

Bail Amendment Act 1999 (Act No. 19, 1999)                                 Provides for magistrate to grant bail over telephone to those in police custody
                                                                           (s 20; new subsection (2))

Statute Law Revision Act 1999 (Act No. 27, 1999)                           Terminology

Sentencing of Juveniles (Miscellaneous Provisions) Act 2000 (Act No. 17,   Terminology – age of juveniles shifted to 18 years (s 4)
Statute Law Revision Act 2000 (Act No. 19, 2000)                           Terminology
Statute Law Revision Act 2001 (Act No. 3, 2001)                           Section 15 amended so as to provide for granting of bail during the period
                                                                          between making an order for a separate trial or for postponement of a trial
                                                                          and the commencement of the separate or postponed trial.

Bail Amendment Act 2001 (Act No. 29, 2001)                                Terminology

Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act   Deals with forfeiture under the Act – a new s 402A is added. If an order is
No. 60, 2001)                                                             made for forfeiture under the Act, the amount to be forfeited can be reduced
                                                                          by a court, or the order itself can be rescinded, confirmed or suspended. A
                                                                          term of imprisonment for non-payment is available if the amount is not paid
                                                                          within 28 days, and the new provision specifies the time which just be spent
                                                                          in prison, depending on the amount owing. If the full term is served,
                                                                          forfeiture is satisfied.

Bail Amendment Act 2002 (Act No. 12, 2002)                                If a person is mentally impaired or unfit, their representative can enter into a
                                                                          bail undertaking on their behalf (s 52A).

Youth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)      Terminology

Bail Amendment (Repeat Offenders) Act 2005 (Act No. 34, 2005)             Amends presumption against bail (s 7A(1)(d) to include a serious violence
                                                                          offence (punishable by 5 or more years, and contravening relevant sections
                                                                          of the Criminal Code) where the accused is charged with committing the
                                                                          offence whilst on bail for a serious offence and has also been found guilty of
                                                                          a serious violence offence within the preceeding 10 years or of a serious
                                                                          offence within the last 2 years (as defined in s 3). The presumption in favour
                                                                          of bail in s 8 is also amended – so that bail may not be granted for a serious
                                                                          offence if the accused is charged with committing that offence whilst on bail
                                                                          for a serious offence and has been found guilty of committing another serious
                                                                          offence (within the periods specified above).

                                                                          Section 36A provides that where a person is granted bail, but a police officer
                                                                          or legal officer immediately informs the magistrate or justice that they are
                                                                          requesting a bail review in the Supreme Court, the decision to grant bail is
                                                                          stayed until the review is completed or withdrawn or after 3 days from the
                                                                          time of the grant of bail.

Statute Law Revision Act 2005 (Act No. 44, 2005                           Presumption against bail includes an offence against Division 307 of the Cth
                                                                              Criminal Code punishable by 10 years or more imprisonment

Justice Legislation Amendment (Group Criminal Activities) Act 2006 (Act No.   Provides that a condition of bail might include prohibiting a person whilst on
36, 2006)                                                                     bail from being in company with, communicating with certain persons, or from
                                                                              visiting certain places (s 27A)

Statute Law Revision Act 2007 (Act No. 4, 2007)                               Terminology

Bail Amendment Act 2007 (Act No. 23, 2007)                                    Presumption against bail in s 7A(1)(e) now includes a ‘serious sexual
                                                                              offfence’ as defined (s 3 – certain sexual offences involving children, or
                                                                              sexual offences attracting a penalty of imprisonment of 7 or more years).

                                                                              Section 24 (criteria to be considered in bail applications) is also amended to
                                                                              include risk of interference with witnesses/jurors; risk of commission of an
                                                                              offence, breach of the peace or of bail conditions; or risk to the safety of the
                                                                              carers of a child victim, and that risk includes risk of violence/intimidation,
                                                                              property damage or harassment.

                                                                              Sections 27A and 28 are replaced – ‘conduct agreements’ specifying that a
                                                                              person may not associate with certain persons, consume alcohol etc are now
                                                                              provided for and, generally, bail conditions must be reasonably proportionate
                                                                              to the relevant, identified risks

Domestic and Family Violence Act 2007 (Act No. 34, 2007)                      Terminology

Justice Legislation Amendment Act 2008 (Act No. 2, 2008)                      Provides for the Supreme Court to grant bail by telephone or other electronic
                                                                              communication where a person is arrested under warrant by a police officer
                                                                              (s 23)

Serious Violent Offenders (Presumption Against Bail) Amendment Act 2008       Section 7A(1)(e) is amended in terms of presumption against bail for a
(Act No. 31, 2008)                                                            serious violence offence – if the accused had previously been found guilty of
                                                                              a serious violence offence within 5 years (reduced from 10 years), the
                                                                              presumption against bail will apply.

                                                                              Further, s 38(2) now states that bail must be revoked if the person in
                                                                              question has been charged with a serious violence offence (but has been
                                                                              released on bail nevertheless), and the court finds that the person has
                                                                              breached a bail undertaking or bail condition.

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