Bail Presumptions (NT)

In the Northern Territory, decisions about bail are governed by the Bail Act 1982. A person may be granted (or refused) bail by the police or by a court. The process for deciding whether a person is granted bail is determined by the bail presumption that applies. This page deals with bail presumptions in the Northern Territory.

2025 changes

In May of 2025, the NT government amended the Bail Act 1982 to include a provision that bail is not to be granted unless the decision-maker has a high degree of confidence that the person, if released, will not:

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

The offences that are prescribed offences and serious violence offences are listed in section 3B and section 3 of the Bail Act, respectively.  They include aggravated assaults, causing harm, child sex offences, robbery, offences relating to child abuse material, homicide offences and reckless endangerment.

This test, which applies to children as well as adults, must be considered before the decision-maker moves on to considering the bail presumptions.

What are bail presumptions?

If a decision-maker is considering granting bail, it will consider the bail presumptions.

When there is a presumption in favour of bail, the court will grant bail unless the prosecution can show that bail should not be granted. When there is a presumption against bail, the court will refuse bail unless the defence can show that bail should be granted. The court will make its decision with reference to the criteria to be considered in bail applications that are set out in section 24 of the Bail Act 1982.

Presumption against bail

Under section 7A of the Bail Act 1982, there is a presumption against bail where a person is charged with any of the following offences:

• Murder
• Arson
• Serious drug offences
• Serious drug importation offences
• Serious sexual offences
• Terrorism
• Making threats against persons involved in judicial proceedings or criminal investigations
• Sabotage
• Causing serious harm or breaching a DVO if the offender has previously been found guilty of a serious violence offence
• A serious offence while on bail for another serious offence (where accused is an adult)
• A serious offence within 10 years of being found guilty of a serious violence offence
• Breaching a DVO within two years of being found guilty of breaching a DVO

If a person is applying for bail and the presumption is against bail, they will not be granted bail unless they satisfy the court that bail should be granted.

Presumption in favour of bail

Under section 8 of the Bail Act 1982, there is a presumption in favour of the grant of bail when a person is charged with any other offence.

If a person is applying for bail and the presumption is in favour, the police or court can only refuse bail if satisfied that bail should not be granted.

Young persons

When a young person applies to the court for bail, they do so in the Youth Justice Court. When a young person applies for bail, the same bail presumptions apply as when an adult applies.

Since the amendments passed in May 2025, there is no longer a principle that a young person should only be detained as a last resort and for the shortest appropriate period of time. A young person will not be granted bail unless the decision-maker has a high degree of confidence that they will not endanger the community.

Criteria to be considered in bail applications

Under section 24 of the Bail Act 1982, the matters that a bail decision-maker may take into account are:

• The danger to the safety of the community if the person were released
  The likelihood of the person appearing in court
• The interests of the person, including how long they are likely to spend on remand and their need to prepare for court
• The risk that the person would interfere with evidence, witnesses or jurors if released
• The risk that the person would endanger the safety or welfare of a person if released
• The risk that the person would commit an offence, a breach of the peace or a breach of bail if released.

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