NT government pass urgent bail law changes on weapon offences
The Fyles government’s snap bail reform has passed parliament, despite the Opposition’s concerns the new laws won’t cover crimes with improvised weapons.
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Laws that would create a new presumption against bail for violent offences involving a weapon have passed Territory parliament.
Attorney-General Chansey Paech introduced the Bail Amendment Bill 2023 on Wednesday morning, suspending general business to allow the legislation to be debated on urgency.
He said the presumption against bail would also apply to co-offenders of a violent offence involving a weapon, even if they themselves were not carrying a weapon.
The new laws will apply to both youth and adults
“The new revision provides a presumption against the grounds of bail where a person is charged with a serious offence,” he said.
“The serious violent offence must be alleged to have been committed when using or threatened use of a prohibited or controlled weapon.
‘They include knives, crossbows, machetes, axes and other weapons that can inflict serious consequences for members of our community.
“The government has taken and continues to take strong action to improve community safety.”
The legislation does not apply to offences involving ‘offensive weapons’, which the Weapons Control Act 2001 defines as an article made or adapted to – or by which the person having it intends to – cause damage to property or to cause injury or fear of injury to a person.
Opposition Leader Lia Finocchiaro said while the CLP would support the legislation, she labelled it “a half-baked plan” aimed to “quell” public pressure.
She said the legislation should go further to include offensive weapons, rather than just prohibited or controlled weapons, or remove the reference to weapons altogether.
“You could have used the definition of offensive weapon, which includes any improvised weapon, which means that anything that someone uses as a weapon means they get no bail,” she said.
“Cars are being used as weapons, they have been stolen and driven at our police in the streets of Katherine.
“Rocks as lethal as anything else in the hands of an offender.
“This is all about optics, all about politics not people … this is not about making sure that violent offenders are not on the streets tomorrow.”
Ms Finocchiaro said the CLP would move an amendment to the Bill that the requirement of weapons be removed so all violent offenders have a presumption against bail.
However, Deputy Chief Minister Nicole Mansion said the proposed laws would cover a “very extensive list” of weapons.
“And if a crime of a very serious nature is committed, action is taken,” she said.
“(The Opposition Leader) seems to think that police and the courts do nothing in those situations … that she has to legislate all of these things to an absolute extreme.”
Chief Minister Natasha Fyles said the new laws would send a clear message to offenders and decision makers in the justice system.
“The intention of this bill is to stop people from thinking it is acceptable to carry a knife,” she said.
“We will not rest until that message is heard from Territorians loud and clear.”
The Bill passed with bipartisan support on Wednesday night.
The CLP’s amendments were voted down by the Labor bloc.
‘Muddy the waters’: Mixed reactions to govt’s urgent bail reform
The Labor government’s move to immediately change bail laws has come under fire by legal experts, who say legislating a presumption against bail overrides the role of the justice system.
Criminal Lawyers Association of the Northern Territory president Shane McMaster said the question of whether someone was granted bail should be determined on a case-by-case basis.
“CLANT understands the government needs to respond to community concerns around safety and personal protection,” Mr McMaster said.
“(But) the right to be at liberty is fundamental to our systems of justice and democracy.
“Statutory presumptions against bail and in sentencing generally are an attempt by the legislature to usurp the role of the judiciary for their own short term political gains.”
Chief Minister Natasha Fyles and Attorney-General Chansey Paech on Tuesday announced Labor would legislate a presumption against bail for violent offences involving a weapon.
There will also be a presumption of bail against co-offenders who participate in these offences, even if they were not possessing a weapon themselves.
The changes, which will apply to youth and adults, are expected to be debated and passed on urgency in Wednesday’s parliament sittings.
It comes after thousands of protesters gathered outside Parliament House on Saturday in a stand against rising levels of violent crime.
Opposition Leader Lia Finocchiaro said the CLP welcomed the reforms but said they should go further.
“For two years leading up to (Declan Laverty’s) death, the CLP and Territorians were calling for tougher bail,” Ms Finocchiaro said.
“On Saturday, 4000 Territorians stood on the steps of Parliament House to say ‘enough is enough’.
“Today, Natasha Fyles said ‘we are a government that acts’ but, unfortunately, it took Declan’s death, a public rally and years of pain to finally get her moving.
“In an attempt to muddy the waters, she claimed her bill went further than the CLP’s legislation from two years ago.
“(We) drafted legislation that included a presumption against bail for robbery and Labor voted it down.
“All violent offenders should start with a position of no bail.”
Ms Fyles said the incoming changes were not covered by the CLP’s 2021 legislation and the review into bail for weapon offences would continue, with more announcements “imminent”.
“We have worked extremely hard since the moment we came to government and we will continue to do so,” she said.
“But as I said last week, we will review our bail and offences and that work will continue.
“This is the first step, and this presumption against bail, we believe is important.”
However, Mr McMaster said current presumption against bail was “very comprehensive” in Territory law and covered most serious violent drug, sex and property offending, including offences with a weapon.
“It is also likely to result in the increased incarceration of the most disadvantaged in society,” he said.
“In particular homeless women, many of whom feel the need to carry a weapon for protection.
“The Territory’s prisons are coming apart at the seams due to overcrowding.
“We cannot afford more people on remand – we need to invest in programs and initiatives that will break the cycle of recidivism.”
Within 24 hours, Mr Paech went from celebrating efforts to reduce prison numbers, to backing tougher bail conditions.
He said the changes would deliver what the community had been asking for while being well considered.
“We have made clear as a government, we will not rush and have knee-jerk reactions,” he said.
“We have worked with all of the relevant agencies over the last week to make sure that our response is considered and that there are no unintended consequences throughout the justice system.
“We are saying that enough is enough and we are taking the appropriate action in our community, to provide and to uphold the community expectations.”
He said the broader review into bail and penalties for weapon offences would not be made publicly available nor would he be drawn to a timeline of its completion.
“The Chief Minister, when she made an announcement last Wednesday around a suite of measures that government is taking to promptly respond to the issues in our community, (she said) we would also consider and review the penalties,” he said.
“That work is still underway.”
“There is no report that will be commissioned at the end of the review.
“As the information comes to light and considerations are given … government will absolutely, if appropriate, take action.”
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