Bail Legislation Amendment Bill 2024

Key Features

The Bill amends the Bail Act 1982 (the Act), Bail Regulations 1983 and makes consequential amendments to other Acts to:

• reinstate breach of bail as an offence for youth;
• apply the Act consistently to adults and youth;
• ensure all presumptions against bail now apply to both adults and youth;
• expand the scope of the presumption against bail at section 7A(1)(de) of the Act to include all accused charged with a ‘serious’ or ‘prescribed’ offence who are on bail for a ‘serious’ or ‘prescribed’ offence;
• expand the presumption against bail to all alleged serious violence offences, regardless of whether a weapon is used;
• insert a new presumption against bail for alleged repeat serious offenders, aimed at accused who have,  within the period of 2 years immediately preceding the date of the new alleged prescribed or serious offence, been found guilty of 2 or more prescribed or serious offences for which a conviction was recorded;
• insert section 28(2AA) that requires alleged repeat offenders who are granted bail despite the presumptions against bail in 7A(1) (de), (dea) & (df), to be subject to electronic monitoring. If electronic monitoring is impracticable, new section 28(2AA) requires some form of specified residence. The purpose of this is to secure the attendance of an accused person at court and to enhance community safety by monitoring an accused’s compliance with bail conditions; and
• other consequential amendments.

The amendments will commence on a date fixed by the Administrator by Gazette notice, likely January 2025.

Where can I go if I need further information?

For more information, please visit Bail Legislation Amendment Bill 2024 or contact:

Legal Policy
Postal Address: GPO Box 1722, Darwin NT 0801
Ph: 08 8935 7668
Fax: 08 8935 7662
Email: Policy.AGD@nt.gov.au