Domestic Violence and Bail (NT)
When a person applies for bail on domestic violence charges in the Northern Territory, the court will make a decision as to whether or not to grant bail based on all the circumstances. This will include the nature of the charges, and the level of risk that the person will commit offences or endanger others if released on bail, or that they will fail to attend court. This page outlines the law surrounding domestic violence and bail in the NT.
Applying for bail in domestic violence matters
When a person applies for bail in a domestic violence matter, the decision maker will consider whether they should be granted bail taking into account all the factors set out in section 24 of the Bail Act 1982.
The factors to be considered in all bail applications are:
- any risk posed to the community by the person’s release
- the likelihood that they will attend court to answer the charges against them
- the interests of the person including matters such as the amount of time they are likely to spend on remand if not granted bail
- any risk that the person will interfere with witnesses or evidence if released
- any risk that they would breach their bail
- whether a DVO is in force against them
- any risk that they would commit domestic violence if released.
In matters involving alleged domestic violence, the court will be particularly concerned about any potential risk to the alleged victim.
In assessing this risk, it will have regard to:
- whether a DVO is in force and whether the accused person has complied with the terms of the order
- what the alleged victim has to say about the risk of further domestic violence
- where the accused person is proposing to live if granted bail, and how close they will be to the alleged victim
- whether there are any conditions that can be imposed to mitigate risks to the alleged victim.
Applying for bail where presumption is against bail
Under section 7A of the Bail Act 1982, there is a presumption against bail in respect of many offences, Including many domestic violence offences.
When a person applies for bail in respect of any of the following charges, there is a presumption against bail:
- murder
- a serious sexual offence
- the offence of serious harm
- breach DVO, if the accused has been found guilty of breach DVO in the previous two years
- an offence committed in breach of a suspended sentence.
This means that in some domestic violence matters, bail will not be granted unless there is a high degree of confidence that the accused person will not commit an offence or endanger a person if granted bail.
In domestic violence matters where the presumption is against bail, the court is likely to be most concerned about whether releasing the accused person on bail poses a risk to the safety of the alleged victim.
If there are concerns that the accused will endanger the alleged victim released, the defence may propose bail conditions to address these concerns. The prosecution may also seek particular bail conditions.
When will bail not be granted?
Bail is unlikely to be granted in cases where a person is facing serious domestic violence charges, and/or has a history of serious domestic violence.
If a person has a history of serious domestic violence offences committed against the same victim, it will be particularly difficult for the defence to persuade the court that the person should be granted bail.
If a person has a history of breaching the conditions of their bail, or the conditions of DVOs, this will also make it unlikely that they will be granted bail on charges of domestic violence.
If the alleged victim has indicated to the prosecution that they do not want the accused person to be granted bail, the court will be informed of this. However, its decision will be based on all the circumstances of the case.
Bail conditions
When a court grants bail in a situation where it has concerns about releasing a person, it will impose any conditions that are necessary to allay those concerns.
In domestic violence matters, the bail conditions imposed are likely to be geared towards ensuring the safety of the victim.
Bail conditions in such matters may include:
- that the accused must not contact the alleged victim
- that the accused must not attend the alleged victim’s home or place of work
- that the accused be subject to an electronic monitoring condition.
Electronic monitoring conditions
If a person is granted bail on condition that they wear an electronic monitoring device, the person will need to be fitted with this device and will have their location monitored by police while they’re on bail.
An electronic monitoring condition may be imposed to ensure that a person who is granted bail complies with conditions such as not to attend particular locations.
A person who is subject to an electronic monitoring condition must comply with reasonable directions from the police in regard to the maintenance of the device.
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.