Bail Conditions (NT)
In the Northern Territory, decisions about bail are governed by the Bail Act 1982. When a person is released on bail, they must sign a bail agreement, consenting to the conditions of their bail. It is an offence to breach bail. This page deals with bail conditions in the Northern Territory.
Standard bail conditions
Anyone who is granted bail will be subject to the following bail conditions:
- not to commit an offence punishable by imprisonment while on bail;
to attend court when required to do so.
Additional bail conditions
In many cases, when the court grant a person bail, it will also impose additional bail conditions. These conditions will be tiled to the persons individual circumstances and will be made to address any concerns that the court and the prosecution have about releasing the person.
Bail conditions may be imposed in order to:
- ensure the person remains at a particular address
- ensure the person does not abscond from the jurisdiction
- minimise the risk that the person will commit an offence
- minimise the risk that the person will endanger another person
Bail surety
When a court is considering granting bail to a person but has concerns that they may fail to attend court to finalise their charges, it may require a person to provide a bail surety.
A bail surety is an amount of money that a person agrees to forfeit if the person receiving bail does not come to court when required to do so. A bail authority may be provided by the person receiving bail, or by another person who can vouch for them – such as their employer.
A bail surety may be provided with or without security. When a bail surety is provided without security, a person agrees to forfeit an amount of money if bail is breached. When a bail surety is provided with security, the amount of money is deposited at the court registry upfront and is forfeited if bail is breached.
Surrender of passport
Under section 27 of the Bail Act 1982, if a person is to receive bail on a charge that has a maximum penalty of more than two years imprisonment, or a fine of 85 penalty units or more, the court may impose a condition that the person must surrender any passports that they hold to the court registrar.
The passport or passports will be kept in the custody of the court while the person is on bail and returned to the person unless the court orders otherwise.
A court is likely to impose this condition if it has concerns that the person may try to leave the country to avoid finalising their charges.
Conditions restricting movement
In some cases, a bail condition may be imposed to restrict a person’s movements, and to ensure they remain at a particular place, or within a particular area.
Examples of conditions restricting movement are the following.
- A requirement that a person abide by a curfew
- A requirement that a person remain within a certain distance of their home
- A requirement that a person does not attend particular premises such as the home or workplace of the alleged victim
- A condition that a person must report to the local police at particular times.
Conditions of non-association
In some cases, a court may impose bail conditions that require a person not to have contact with particular individuals – for example, alleged victims or alleged co-offenders.
This condition is common in matters involving alleged family violence, particularly when there is a domestic violence order in place. It is also common in matters where a person has been involved in criminal offending with the same other individuals repeatedly.
In some cases, it may be necessary for the court to specify that an exception exists in relation to particular types of contact. For example, a bail condition may require that a person does not have contact with their ex-partner except for the purpose of arranging contact with the children.
Conditions about conduct
A court may also impose bail conditions about a person’s conduct. For example, it may impose a condition that the person is not to consume alcohol or use drugs, and that they must submit to alcohol and drug testing. This condition is usually imposed if the court has concerns about a person’s behaviour when they are consuming alcohol or drugs.
A court may also impose a condition such as that the person must attend work or school, or that they must engage in particular programs while on bail. For example, if a person’s alleged offending is alcohol-related and they have been assessed as suitable for a particular rehabilitation program, the court may require them to complete that program as one of their bail conditions.
Breach of bail
Under section 37B Bail Act in 1982, it is a criminal offence to breach the conditions of bail.
A person is guilty of breaching their bail if they commit an offence punishable by imprisonment while on bail, or if they fail to attend to court when required to do so while on bail. A person is also guilty of breaching their bail if they disobey any of their bail conditions.
The maximum penalty for breach of bail is imprisonment for two years or a fine of 200 penalty units.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.