Declan's Law Reforms To Bail Act Commence On Monday

NT Government

The CLP Government is delivering on its commitment with the commencement of Declan's Law reforms to the Bail Act on Monday, 6 January 2025.

The legislation delivers on the Government's promise to enhance community safety and address the crime crisis by implementing significant reforms to the Bail Act.

Declan's Law reflects the courageous advocacy of Samara Laverty, whose son Declan was tragically murdered by an offender out on bail for violent crimes.

Attorney-General Marie-Clare Boothby emphasised the importance of these changes.

"Declan's Law is a vital step toward ensuring the safety of our community," she said.

"It holds repeat and violent offenders accountable, reflecting Territorians' right to live in a safer, stronger Territory."

Under Declan's Law, there is now a presumption against bail for both youth and adult serious violent offenders, regardless of whether a weapon was involved. The legislation includes:

Establishing a single bail presumption regime that applies to youth and adult offenders alike.Reinstating breach of bail as an offence for youths.Introducing a presumption against bail for all serious violent offences, regardless of whether a weapon is used.Mandatory electronic monitoring for repeat serious offenders granted bail.A presumption against bail for individuals convicted of two or more serious offences in the past two years or accused of committing a serious offence while already on bail.

Examples of serious violent offences include threats to kill, recklessly endangering life, and sexual offences.

Other serious offences, such as drug possession, escaping lawful custody, and stealing, will also trigger stricter bail conditions.

Additionally, Declan's Law introduces reforms to combat knife crime, which are already in force:

Simplified approval processes for police use of handheld knife scanners (wands).Expanded use of wands in public spaces, including schools and public transport.Increased duration of wand use authorisations from 12 to 72 hours.

Ms Boothby added: "Community safety is the CLP Government's top priority. Territorians have given us a clear mandate, and we are delivering on it. Turning around the crime crisis will take time, but Declan's Law is a critical step forward."

"The CLP Government has worked tirelessly to ensure the readiness of courts, IT systems, and electronic monitoring infrastructure to support these reforms," she said.

"This includes recent measures to add additional court resources, ensuring timely justice and reducing judicial burdens.

"In addition to yesterday's update on the Corrections Infrastructure Masterplan in response to the Corrections crisis, Declan's Law demonstrates that the voices of Territorians have been heard.

"We are taking decisive action to build a safer, stronger Territory. Declan's Law represents a critical step forward in our efforts to tackle crime and ensure community safety."

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