NT Passes Bail Amendment Bill 2017 Allowing Electronic Monitoring on Bail

The North Territory Government has passed the Bail Amendment Bill 2017 (18 of 2017) (the Bill) today (17 March 2017). The Bill, which proposes to amend the Bail Act (NT), has been passed by the Legislative Assembly and is awaiting assent. It is an attempt to address the issue of offending on bail by young offenders through allowing electronic monitoring on police bail.

Overview of the Bill

In her second reading speech, Attorney – General Ms Fyles said:

Ms Fyles noted that allowing police to use electronic monitoring as part of a wider reform package that includes training new youth justice officers and individualised support programmes would improve compliance rates with police bail conditions. The amendments come just a month after Chief Minister Michael Gunner promised to have authorities focus on early intervention programmes and give police powers to fit people on police bail with electronic monitors.

Key amendments

The key amendments that the Bill will effect are:

• the empowering of police to include electronic monitoring as a bail requirement; and
• require the accused to wear the monitoring device and comply with the reasonable directions of a police officer regarding the use and recharging of the device.

The accused must not tamper with, destroy or interfere with the monitoring device.

The benefits of the amendments were noted to be:

• Reducing the need to doorknock or drive by to monitor compliance;
• Reducing disruptions to other persons in the household, namely children;
• Reducing the impact on the accused person’s normal activities such as work or school; and
• Used in conjunction with the other support measures, the monitoring may break the cycle of re-offending.

Reaction to the Bill

The Bill has been criticised as a rushed response to the problem of youth offenders, said the County Liberal Party Deputy opposition leader Lisa Finocchiaro. Ms Finnocchiaro, while expressing support for the Bill, noted that without harsher penalties, the crime problem would not be solved.

Indigenous MLA Yingiya Mark Guyula also highlighted that the amendments would increase the over-representation of young Aboriginal people in the system, and increase divisions between the indigenous community and the police. Independent MLA Gerry Wood also criticised the Government for not following Parliamentary processes, which he said led to the lack of detail in the Bill. The changes come at a time of community unrest about the lack of harsher penalties, and may be an attempt to balance community interests with interests of the accused. 

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Bail Amendment Bill 2017, 2nd Reading Speech, supporting material as reported in The TimeBase LawOne Service.

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