Stricter Controls Set for Serious Offenders and Youths Under New NT Bail Law

Youth and adults under trial in the Northern Territory will be ineligible for bail if they are accused of a serious offense. The Country Liberal Party (CLP) will introduce Declan’s Law to Parliament when it convenes on Oct. 15.

According to this legislation, there will be a presumption against granting bail to youth and adult serious violent offenders, regardless of whether a weapon was used in the offense. This presumption will apply even if a weapon was not involved in the incident.

Chief Minister Lia Finocchiaro stated, “Samara Laverty’s son, Declan, was murdered while at work by someone who was out on bail for violent offenses.”

Part of these changes includes making breaches of bail an offense for all offenders and mandating electronic monitoring for repeat serious offenders who are granted bail.

Reforms Aimed at Addressing Rising Knife Crime

The reforms involve the easier and quicker use of hand-held knife scanners, or “wands,” to help police detect and prevent knife crime in public areas.

“This progress wouldn’t have been possible without the community coming together to make the Territory a safer place, and for that, I am grateful,” remarked the chief minister.

Under these laws, the presumption against bail will apply to youths aged 10 to 17 years, regardless of whether a weapon was used or threatened to be used.

Offenses such as threats to kill, reckless endangerment, assault, and sexual offenses will now be covered by this presumption.

Violating bail conditions will be considered an offense for youths, and a presumption against bail will affect those found guilty of two or more serious offenses within the past two years or accused of committing a serious offense while already on bail. Examples of serious offenses include drug possession, escaping custody, and theft.

Moreover, repeat serious offenders granted bail will be subject to mandatory electronic monitoring, a requirement that was not previously mandatory.

Regarding knife crime, the reforms streamline the process for police to use hand-held scanners, extending their use beyond high-risk areas to public transport and schools.

Police will also be authorized to use these scanners for longer periods, with the permitted duration extended from 12 hours to 72 hours.

Government Faces Criticism

Finocchiaro emphasized that these reforms are part of the government’s response to the escalating crime crisis.

“Addressing the crime crisis created by Labor will take time, but we are already taking the necessary steps, as we promised. We have a clear mandate to implement these changes, and we stand by our decision,” she stated.

Despite winning a significant victory in the recent elections on a platform of being tougher on crime, Finocchiaro is facing criticism from advocacy groups for her government’s approach.

The National Aboriginal and Torres Strait Islander Legal Services (NATSILS) have pushed back against these initiatives, arguing that they will do more harm than good.

NATSILS chair Karly Warner criticized the chief minister’s position, stating, “The new Chief Minister has been elected on a platform to reduce crime, but her punitive agenda will have the opposite effect. Relying on law and order tactics centered around punishment, power, and control has never worked in the past and will not work now.

“If the government proceeds with its stated agenda, it will backfire. Chief Minister Finocchiaro will oversee a more dangerous Northern Territory in the coming months and years.”