CLP’s ‘toughest bail laws in the country’ pushed through in emergency parliament session

NT parliament reconvened for an emergency session to rush through the ‘toughest bail laws in the country’ on Wednesday, expected to see the prison population soar. SEE THE DETAILS.

The Chief Minister says tougher bail laws pushed through parliament will likely cause the Northern Territory prison population to jump by more than a third, but are necessary to protect the community.

Changes include removing the consideration of detention as a last resort for children, and requiring the courts to prioritise risk to the community when considering whether to disregard a presumption against bail.

The NT Legislative Assembly reconvened on Wednesday for an emergency session to push through changes to the bail and youth justice acts, expanding on reforms introduced last year under the banner of Declan’s Law.

Chief Minister Lia Finocchiaro announced the move last Thursday, less than 24 hours after a beloved Nightcliff grocer was allegedly stabbed to death while attempting to stop a shoplifter out on bail.

Mrs Finocchiaro said the reforms placed “community safety at the heart of our bail system”.

“These new laws will ensure the Northern Territory has the strongest bail laws in Australia,” she said.

“We inherited a system that places too much emphasis on the historical trauma of perpetrators rather than focusing on ongoing harm to the community.

“The terrorisation of innocent people, particularly at the hands of those on bail for serious offences, needs to stop.

“Linford Feick’s shocking death has unified our community to demand better and that’s what’s driving my team.”

Minister Robyn Cahill, Chief Minister Lia Finocchiaro, Minister Marie-Clare Boothby and Deputy Chief Minister Gerard Maley announced they would introduce the nation's "toughest bail laws" in response to the tragic killing of a Nightcliff shop owner by an alleged offender on bail. Picture: Darcy Fitzgerald

The changes are based on a New South Wales model which resulted in a 32 per cent jump in the number of children behind bars.

Mrs Finocchiaro said the impact in the NT would likely be greater, but the government would find prison beds wherever it could in a corrections system already bursting at the seams.

The reforms extend the presumption against bail to more serious violent offences, including assault with intent to steal, and sexual offences such as indecent touching or indecent act.

The Bill also adds to the test for presumption against bail, meaning bail must not be granted to a person unless the court has a “high degree of confidence” that the person will not, if released, commit a serious violence offence or prescribed offence, or endanger the safety of the community.

Attorney-General Marie-Clare Boothby said: “this means that for applications for bail for offences which previously only had a presumption against bail applying, there is now a further test requiring the court to have a high degree of confidence in the person in order to grant bail.”

For youth bail applications the consideration of detention as a last resort has been removed, as has consideration of any stigma that might attach to a child on bail.

“The amendments to the Act as a whole, strengthen the presumption against bail and reinforces that the starting point is that there is no bail for serious offending,” Ms Boothby said.

Corrections Minister Gerard Maley said the department was working to increase capacity as “quickly as possible”.

“We recognise that tougher bail laws will mean a greater demand on our corrections system, and we are ready,” he said.

“If you commit a crime, we will find a prison bed for you – even in overcrowded conditions – because it is far better for offenders to be behind bars than out on the street committing crimes against Territorians.”

NT Corrections confirmed there were 2831 people held in Territory calls as of Tuesday — 52 per cent of whom were unsentenced and on remand.

Based on the NSW modelling, remand numbers could increase by at least 430 people bringing the total to nearly 3300 people.

This would make the Northern Territory the most incarcerated place on the planet, overtaking El Salvador’s per capita adult prisoner rates.

Originally published as CLP’s ‘toughest bail laws in the country’ pushed through in emergency parliament session