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) 2000) 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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