Applying For Bail in the Youth Justice Court (NT)

When a young person is charged with offences in the Northern Territory, they may be granted bail or remanded in custody. If the police do not grant a young person bail, they must bring them to court at the earliest opportunity so that they can apply for bail in front of a magistrate. Decisions about a young person’s bail are made under the Youth Justice Act 2005 and the Bail Act 1982. This article deals with applying for bail in the Youth Justice Court.

2025 amendments

In May 2025, the NT government introduced changes to the Bail Act 1982 and the Youth Justice Act 2005.

Changes to Bail Act

Under the changes, a person must not be granted bail unless the court or police have a high degree of confidence that if released, they will not:

• commit a serious violence offence or prescribed offence
• otherwise endanger the safety of the community.  

This test must be considered before the decision-maker considers whether the presumption is for or against bail. The foremost consideration when applying this test is the safety of the community.

These new bail laws apply to young people as well as to adults.

Change to Youth Justice Act

Under the changes, the principle that a young person should be detained only as a matter of last resort and for the shortest appropriate period of time has been removed from the Youth Justice Act 2005.

Bail and remand for young people

When a young person attends court for a criminal matter, they must be accompanied by a responsible adult. This is usually a parent or guardian. Their bail application must be supported by their responsible adult, who is usually the person they are proposing to live with if they are granted bail.  

When a young person is remanded, they are held in youth detention, either in Don Dale Detention Centre or in Alice Springs Youth Detention Centre.

Bail presumptions

If a decision-maker is considering granting a person bail, it will consider the offence/s they have been charged with and their bail history. For some offences, there is a presumption in favour of bail and for others, there is a presumption against bail.

Presumption against bail

Under section 7A, there is a presumption against bail if:

• the applicant is charged with certain offences including murder and serious violence offences
• the applicant is charged with certain offences while on bail for certain other offences
• the applicant is charged with certain offences and has previously been found guilty of other offences.  

If a person is applying for bail and the presumption is against bail, the court must not grant bail unless the applicant has satisfied the court that bail should be granted.

Presumption in favour of bail

Under section 8, the presumption is in favour of bail in other cases.  However, the court may refuse bail if satisfied that refusing bail is justified, with reference to the factors set out below.

Should bail be granted?

When deciding whether to grant a person bail, courts must consider the following factors.

• The risk to the safety of the community if the person were to be granted bail
• The probability they will appear at court to finalise the charges;
• The interests of the person;
• The risk they would interfere with witnesses, evidence or jurors if bailed;
•  The risk they would commit an offence or breach their bail conditions;
• The risk their release would pose to the safety or welfare of others;

When deciding whether to grant a youth bail, the Youth Justice Court must also consider:

• The need to consider all other options before remanding the young person in custody;
• The need to preserve the young person’s relationships with their family or carers;
• The desirability of allowing the young person’s living arrangements to continue uninterrupted;
• The desirability of allowing the young person’s education, training or employment to continue uninterrupted;
• The need to minimise the stigma resulting from incarceration;
• The likely sentence should the youth be found guilty;
• The young person’s prior exposure to trauma;
• The young person’s cognitive capacity, health and developmental needs;
• If the young person is Indigenous, their cultural background and needs.

Bail conditions

A young person who is granted bail may be required to abide by a range of conditions, depending on their circumstances and the circumstances of the alleged offending.

Common bail conditions for youths include:

• to attend school every day;
• not to consume alcohol or drugs and to submit to testing when required by police;
• not to associate with alleged co-offenders;
• to abide by a curfew.

In some situations, a youth may also be required to attend a program such as a drug or alcohol rehabilitation program while on bail.

Breaches of bail

If a young person breaches the conditions of their bail, they will be brought back before the Youth Justice Court. The court may revoke the youth’s bail and remand them in detention, alter the conditions of the bail, or take no action, depending on the nature of the breach.

A young person who breaches their bail may also be charged with the offence of breach of bail under section 37B of the Bail Act 1982.  This offence is punishable by a fine of up to 200 penalty units or imprisonment for up to two years.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.