Chief Minister
Media Release
Declan's Law ready to be introduced to Parliament next week
7 October 2024
The CLP Government will deliver on its promise to introduce Declan's Law in the first sittings of Parliament, commencing next Tuesday.
Under Declan's Law, Chief Minister Lia Finocchiaro said there would be a presumption against bail for youth and adult serious violent offenders, regardless of whether a weapon is involved.
"Samara Laverty's son, Declan, was murdered while at work, at the hands of someone out on bail for violent offending," Mrs Finocchiaro said.
"Samara has been a powerful and courageous voice for change despite the devastating and tragic loss of her son.
"Breach of bail will become an offence for all, and electronic monitoring will be mandatory for the few repeat serious offenders who are still granted bail.
"We will make it quicker and easier for police to use handheld knife scanners known as 'wands'."
Ms Laverty said: "I am extremely grateful for all of the support from the NT in being able to make Declan's Law a reality."
"This could not have happened without the community coming together to help make the Territory a safer place and, for that, I will be forever thankful," she said.
"I am very much looking forward to sitting in Parliament and watching as it is passed into legislation."
Mrs Finocchiaro added: "Community safety is my government's No.1 priority. Territorians have given us a very clear job to do, and we are getting it done."
DECLAN'S LAW DETAILS
The bail amendments include:
Removing the existing requirement for use, or threatened use, of a weapon for there to be a presumption against bail.Expanding the presumption against bail to include youths (10-17 year old).Under the proposed amendments, examples of a 'serious violent offence' include threats to kill, recklessly endangering life, assault offences, and sexual offences.Any breach of bail will also be an offence. The legislation reinstates breach of bail as an offence for youths.There will be a presumption against bail for anyone found guilty of two or more 'serious offences' in the previous two years, and those that are alleged to have committed a serious offence while on bail for a serious offence.Examples of a 'serious offence' include possessing a dangerous drug, escaping lawful custody and stealing.Mandatory electronic monitoring for repeat serious offenders who are granted bail. Previously, this was not a mandatory condition for the court to impose.
The knife crime amendments include:
A simpler approvals process for the use of hand-held scanners (wands).Police can use wands in more public places, not just high-risk areas, including public transport and schools.Increased duration of authorised use of a wand in a public place from 12 hours to 72 hours.
Mrs Finocchiaro said: "Turning around the crime crisis Labor created will take time, but we are already taking the action needed, as we promised we would."
"We have a clear mandate to deliver this reform, and we make no apologies for delivering it," she said.
