Bail

Contributed by RennieAnderson, as amended by EmmaHenke and current to October 2025

The law governing bail is set out in the Bail Act 1982 (NT) (“BA Act Act”) and applies to both adults and young persons. The Youth Justice Act (NT) also contains provisions relating to bail specifically for young people. A young person is any person under 18 years of age. The main provisions of the BA Act are outlined below. This chapter related to bail for adults. Information about the bail for youth can be found in Young people and crime.

What is bail?

Bail is an agreement made between the court or police and a person charged with an offence (the defendant). The court or the police agree to release the defendant if they agree to come back to court on a certain date and attend court proceedings until their case is concluded.

This promise, called a bail undertaking, is made in writing and signed by the defendant. In the NT, the court commonly orders that a bail undertaking is on conditions.

Once bail has been granted, the defendant is released to appear in court at a date and time specified in the bail agreement.

It is possible for the defendant to reapply for bail if it has been refused, to apply to vary the conditions of bail or to apply to a higher court for a review of a bail decision. There is no limit to the number of times a person can apply for bail [BA Act s 19(1)].

Usually, bail agreements continue until court proceedings have ended. However, bail can be varied, dispensed with or revoked at any time.

Bail may be applied for and granted at any stage of criminal proceedings, namely [BA Act s 6]:

• after police have arrested and charged a defendant, and before the first appearance in court [BA Act s 6(a)] (police bail),
• at the first appearance in court (court bail)
• during any period between court appearances (court bail) [BA Act s 6(c)],
• in the case of serious offences, following committal for trial, sentence or breach proceedings by a judge to the Supreme Court (see Going to court ) (court bail) [BA Act ss 6(b)(g)],
• when a court finds a defendant guilty but defers sentencing (court bail) [BA Act s 6(c)(ii)], and
• when a person has appealed against a conviction or sentence, pending the outcome of the appeal; 'appeal bail' is only granted in special circumstances, such as where the sentence of actual imprisonment is likely to be shorter than the time taken to hear and determine the appeal (court bail) [BA Act s 6(d)(e)].

When a defendant on bail appears and an adjournment is ordered, the court will normally continue bail on the same conditions as previously granted.

Police bail

Police bail is dealt with by section 16 of the BA Act. A police officer who is of or above the rank of sergeant or in charge of a police station is authorised to grant bail as long as a court has not already decided a bail application or dispensed with bail for that person and that offence. A police officer can grant conditional or unconditional bail or refuse it [BA Act s 16(5)].

Police must inform a person who has been arrested of their right to apply for bail and, as far as practicable, ensure they are able to communicate with a legal practitioner in connection with an application for bail [BA Act s 16(2)].

When a person has been arrested, in certain circumstances police are able to keep them in custody without charging them while investigations take place (see Investigation and arrest).

Once charges have been laid against a person under arrest, if police fail to grant bail within four hours, or impose bail conditions which the defendant can't or doesn't wish to comply with, the police must inform the person of their right to apply for bail to a Local Court Judge [BA Act s 33].Police must also offer to contact someone who might help the defendant with bail [BA Act s 33(1)(c)], unless they reasonably believe the communication will aid the escape of an accomplice or interfere with evidence [BA Act s 33(2)]. Police must then arrange to bring the person before the court as soon as practicable [BA Act s 33(4)].

Since 2025, the Local Court has ceased the availability of Local Court Judges for after-hours bail reviews and limited telephone bail applications [see Local Court Notice 2 of 2025]. Weekday telephone reviews are available to defendants who cannot be brought before a court within 24 to 48 hours and who are not at the watchhouses of Palmerston, Darwin, Katherine or Alice Springs (thus, defendants who are at bush court locations).

If a person is arrested, charged and not granted police bail, police are required to bring that person to court 'as soon as is practicable' [Police Administration Act 1978 ('PAA') s 137].

This means the person remains in a custodial facility (either a police watchhouse or a prison) until police transport them to the closest Local Court. Once the person arrives at the Local Court, they remain in custody in the cells of the court. The court does not sit after hours or on weekends in the NT. If a person is arrested on Friday afternoon, they will not come to the Local Court until at least Monday.

Court bail

A judge of either the Local Court or the Supreme Court can grant bail to a person who has been charged with any offence [BA Act ss 20, 23].

The Local Court is not empowered to grant bail for a defendant once they have appeared in the Supreme Court in relation to the offence [BA Act s 21].

A defendant won't be released if they are in custody for some other reason, such as that they are already serving a prison sentence.

When a defendant appears in custody and bail is refused, an adjournment must not be for more than 15 days, unless the defendant consents to a longer period [BA Act s 22].

If bail continues to be refused, then the defendant will continue to be held in custody until either the matter has finalised or bail is granted, regardless of the number and length of adjournments.

Bail presumptions

Presumption against bail

For the following offences, the court must not grant bail to a defendant unless the court is satisfied bail should be granted [BA Act s 7A(2)].

The paramount consideration in determining whether bail should be granted is the risk (if any) to the safety of the community that would result from the accused person's release on bail [BA Act ss 7A(2AA), 24(1)(aa)].

Bail must not be granted unless the court has a high degree of confidence the person will not commit a prescribed offence or serious violence offence or otherwise endanger to safety of the community [BA Act s 7A(2AB)].

The paramount consideration and high degree of confidence test do not apply to a person who is assessed as suitable to participate in a rehabilitation program (that is prescribed by the Bail Regulations 1983 (‘BR’) or declared by the minister to be a rehabilitation program consistent with the Domestic and Family Violence Act 2007 (‘DFV Act’)).

The offences to which the presumption against bail applies:

• murder [BA Act s 7A(1)(a)],
• an offence contrary to the Misuse of Drugs Act 1990 (‘MUDA’) that has a maximum penalty of more than 7 years [BA Act s 7A(1)(c)],
• an offence contrary to the Customs Act 1901 (‘CA’) in relation to narcotics that has a maximum penalty of 10 years or more [BA Act s 7A(1)(d)],
• a Commonwealth offence of importing or exporting a commercial quantity for drugs that that has a maximum penalty of 10 years or more, [BA Act s 7A(1)(da)],
• associating with a controlled person, recruiting a person to become a member of a declared organisation, applying for authority to contravene a control order or otherwise contravening a control order (a control order is an order made by the Supreme Court prohibiting a person from associating with a controlled person (a person who has a control order) or recruiting a person to be a member of an organisation) [BA Act s 7A(1)(db)],
• the offences of terrorism, threats or reprisals to persons involved in criminal investigation, judicial proceedings or public c officers, sabotage or arson [BA Act s 7A(1)(dc)],
• the offences of serious harm or contravening a DVO, if the person has previously been found guilty of murder, serious harm, assault worker, assault emergency worker, sexual intercourse without consent (or the equivalent provision prior to legislative amendment), compelling sexual intercourse without consent or gross indecency (or the equivalent of any if these offences in other jurisdictions) [BA Act s 7A(1)(dd)],
• a serious offence alleged to have occurred while a person was on bail for a serious offence or prescribed offence [BA Act s 7A(1)(de)],
• a serious offence if in the two years before the alleged commission of the offence the person has been found guilty of 2 or more prescribed or serious offence [BA Act s 7A(1)(dfea],
• a serious offence if in the 10 years before the alleged commission of the offence the person has been found guilty of a serious violence offence [BA Act s 7A(1)(df)],
• an offence where, if proven, the person would be breaching a sentencing order (unless the failure to comply was with an instrument of legislative or administrative in character of the police or court consider it so minor the court is unlikely to consider it a breach) [BA Act s 7A(1)(dg)],
• a contravention of a domestic violence order if in the two years before the alleged commission of the offence the person has been found guilty of contravening a DVO [BA Act s 7A(1)(dh)],
• a serious violence offence [BA Act s 7A(1)(e)], or
• a serious sexual offence [BA Act s 7A(1)(f)].

Prescribed offence

The following is a list of prescribed offences [BR s 2A, BA Act s 3B]. All references are to the Criminal Code Act 1983 (‘CC’) unless otherwise stated:

Current provisions:

• s 54: terrorism
• s 55(1): contribution towards terrorism
• s 65: punishment of riot
• s 66: offences relating to riots
• s 69: going armed in public
• s 125B(1): offering violence to officiating ministers of religion
• s 156: murder
• s 160: manslaughter
• s 161A: violent act causing death
• s 165: attempt to murder
• s 174C: recklessly endangering life
• s 174D: recklessly serious harm
• s 174E: negligently causing serious harm
• s 174F: driving motor vehicle causing death or serious harm
• s 174FA: hit and run
• s 174FB: dangerous driving during pursuit
• s 175: disabling in order to commit indictable offence
• s 176: stupefying in order to commit indictable offence
• s 177: acts intended to cause serious harm or prevent apprehension
• s 181: serious harm
• s 182: attempt to injure by explosive substances
• s 186: harm
• s 188(2): assault (aggravated)
• s 188A: assault worker
• s 189A: assault emergency worker
• s 190: assault Administrator or judges
• s 191: assault of aircraft crew
• s 193B: assault with intent to steal
• s 194: kidnapping for ransom
• s 208H: sexual intercourse without consent
• s 208HA: compelling sexual intercourse without consent
• s 208HB: gross indecency without consent
• s 208HC: indecent touching or act without consent
• s 208J: sexual intercourse with child under 16
• s 208JA: causing sexual intercourse with child under 16
• s 208JB: gross indecency with child under 16s 208JC: grooming of child between 10 and 16
• s 208JD: causing indecent touching or act with child under 16
• s 208JE: exposure to indecent thing or act with child under 16
• s 208JF: recording or capturing indecent image with child under 16
• s 208MA: incest
• s 217: theft
• s 218: robbery
• s 221: burglary
• s 228AB: driving, using or riding motor vehicle, vessel or aircraft without consent
• s 241: damage to property
• s 243: arson
• s 120 DFV Act: contravention of domestic violence order

Historical provisions:

As in force immediately before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2022 on 30 April 2023:

• s 210: stealing
• s 211: robbery
• s 212: stealing with violence
• s 213: unlawful entry of buildings
• s 218: unlawful use of vessel, motor vehicle, caravan or trailer

As in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 on 25 March 2024:

• s 127: sexual intercourse of gross indecency involving child under 16
• ss 130(3A)(3B): sexual intercourse or gross indecency by provider of services to mentally ill or handicapped person (who is child under 16 or child under 10)
• s 132: indecent dealing with child under 16
• s 134: incest
• s 188(2)(k): assault (circumstance of indecency)
• ss 192(3)(4)(7)(8): sexual intercourse without consent, gross indecency without consent
• s 192B: coerced self manipulation

A repealed offence or an offence from another jurisdiction that corresponds with the list above is also considered a prescibed offence [BA Act s 3B(b)]

Serious offence

Serious offences are offences punishable by 5 or more years [BA Act s 3(1)].

Serious violence offence

The following is a list of serious violence offences [BA Act s 3(1)]. All references are to the CC unless otherwise stated:

Current provisions:

• s 125B: production, possession etc. of child abuse material
• s 125D: using child for production of child abuse material or pornographic or abusive performance
• s 156: murder
• s 160: manslaughter
• s 161A: violent act causing death
• s 162: assisting and encouraging suicide
• s 165: attempt to murder
• s 166: threats to kill
• s 170: killing unborn child
• s 174C: recklessly endangering life
• s 174D: recklessly endangering serious harm
• s 174E: negligently causing serious harm
• s 174F: driving motor vehicle causing death or serious harm
• s 174FA: hit and run
• s 174FB: dangerous driving during pursuit
• s 174FC: navigating vessel causing death or serious harm
• s 175: disabling in order to commit indictable offence
• s 176: stupefying in order to commit indictable offence
• s 177: acts intended to cause serious harm or prevent apprehension
• s 178: preventing escape from wreck
• s 179: intentionally endangering safety of persons travelling by railway or roadway
• s 180: intentionally endangering safety of persons travelling by aircraft or ship
• s 181: serious harm
• s 182: attempting to injure by explosive substances
• s 183: failure to supply necessaries
• s 184: endangering life of child by exposure
• s 186: harm
• s 186AA: choking, strangling or suffocating in a domestic relationship
• s 186B: female genital mutilation
• s 188(2): aggravated assault
• s 188A: assault worker
• s 189A: assault emergency worker (if on indictment)
• s 189: unlawful stalking (if contravenes bail or involves offensive weapon)
• s 190: assault on the Administrator or judges
• s 191: assault on member of crew of aircraft
• s 193B: assault with intent to steal
• s 194: kidnapping for ransom
• s 195: kidnapping
• s 196: deprivation of liberty
• s 201: abduction, enticement or detention of child under 16 years for immoral purpose
• s 202: abduction of child under 14 years
• s 202B: sexual servitude
• s 202C: conducting business involving sexual servitude
• s 202D: deceptive recruiting for sexual services
• s 208H: sexual intercourse without consent
• s 208HA: compelling sexual intercourse or penetration without consent
• s 208HB: gross indecency without consent
• s 208HC: indecent touching or act without consent
• s 208HD: compelling indecent touching or act without consent
• s 208J: sexual intercourse with child under 16 years
• s 208JA: causing sexual intercourse or penetration with child under 16 years
• s 208JB: gross indecency with child under 16 years
• s 208JC: indecent touching or act with child under 16 years
• s 208JD: causing indecent touching or act with child under 16 years
• s 208JE: exposure to indecent thing or act with child under 16 years
• s 208JF: recording or capturing indecent image with child under 16 years
• s 208JG: engaging in conduct to procure sexual activity with child under 16 years
• s 208JH: grooming to engage in sexual activity with child under 16 years
• s 208JI: repeated sexual abuse with child under 16 years
• s 208LB: sexual intercourse – person with cognitive impairment
• s 208LC: causing sexual intercourse or penetration – person with cognitive impairment
• s 208LD: gross indecency – person with cognitive impairment
• s 208LE: indecent touching or act – person with cognitive impairment
• s 208MA: incest
• s 208MB: no defence of consent
• s 208MC: defence – compulsion
• s 208N: sexual involvement with animal
• s 218: robbery
• another provision prescribed by regulation

Historical offences:

As in force immediately before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2022 on 30 April 2023:

• s 211: robbery
• s 212: assault with intent to steal

As in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 on 25 March 2024:

• s 125B: possession of child abuse material
• s 127: sexual intercourse or gross indecency involving child under 16 years
• s 128: sexual intercourse or gross indecency involving child over 16 years under special care (if under 17)
• s 130: sexual intercourse or gross indecency by provider of services to mentally ill or handicapped person
• s 131: attempts to procure child under 16 years
• s 131A: sexual relationship with child
• s 132: indecent dealing with child under 16 years
• s 134: incest
• s 188: aggravated assault
• s 188A: assault worker (if on indictment)
• s 189A: assault on police or emergency workers
• s 189: unlawful stalking – p.157
• s 190: assault on the Administrator or judges
• s 191: assault on member of crew of aircraft
• s 192B: coerced self-manipulation
• s 193: assault with intent to commit an offence

Serious sexual offence

A serious sexual offence is a NT or Commonwealth offence punishable by 7 or more years [BA Act s 3A(1)] or any of the following offences, even though a lower maximum penalty may be prescribed [[BA Act s 3A(2)]:

• procuring (or attempting to procure) a child under 16 to engage in sexual intercourse or an indecent act [BA Act s 3A(2)(a)]
• indecent assault on a childer under 16 [BA Act s 3A(2)(b)]
• gross indecency in a public place in the presence of a child [BA Act s 3A(2)(c)]

Presumption in favour of bail

The presumption in favour of bail means the person is entitled to be granted bail [BA Act s 8(4)]. The presumption in favour of bail applies to all circumstances, unless:

• there is a presumption against bail (see presumption against bail) [BA Act s 8(1)],
• the police officer or court is satisfied in refusing bail having considered the criteria for granting bail (see criteria for granting bail) [BA Act s 8(2)(a],
• the person has been convicted of the offence [BA Act s 8(2)(b)], or
• the requirement for bail has been dispensed with [BA Act ss 8(2)(b), 9].

Criteria for granting bail

When deciding whether to grant bail, the police officer must only have regard to the following [BA Act s 24]:

The risk (if any) to the safety of the community that would result from the accused person’s release on bail [BA Act s 24(1)(aa)].

The likelihood of the defendant appearing in court, taking into account [BA Act s 24(1)(a)]:

• their background and community ties, including details about where they live, employment, family situation and prior criminal record [BA Act s 24(1)(a)(i)],
• any previous failure to appear on bail BA Act s 24(1)(a)(ii)],
• the circumstances, nature and seriousness of the offence [BA Act s 24(1)(a)(iii)],
• the strength of the evidence against the defendant and the severity of the penalty if found guilty; if evidence against the defendant is strong and a gaol sentence likely, the court or police might decide that the defendant is unlikely to appear, and therefore be inclined to refuse bail [BA Act s 24(1)(a)(iii)], and
• any specific indications as to the likelihood of appearing in court, for example, whether the defendant came voluntarily to police or was arrested trying to leave the country [BA Act s 24(1)(a)(iv)].

The interests of the defendant, only having regard to [BA Act s 24(1)(b)]:

• the length of time they would have to remain in custody before the case is heard, for example, the court may be reluctant to refuse bail if a conviction would not carry a prison sentence or if a defendant would only receive a three-month term of imprisonment after awaiting trial for nine months [BA Act s 24(1)(b)(i)],
• the conditions of custody, for example, if the defendant would be kept in inadequate or overcrowded conditions [BA Act s 24(1)(b)(i)],
• the need to obtain legal advice and prepare for the court appearance [BA Act s 24(1)(b)(ii)],
• the need to be free for other lawful purposes, such as employment or education, or to care for dependants [BA Act s 24(1)(b)(iii)],
• the needs of the person relating to any cognitive impairment or mental impairment they may have [BA Act s 24(1)(b)(iiia)],
• any needs relating to the person’s cultural background (including ties to family or place(s) or any cultural obligations) [BA Act s 24(1)(b)(iiic)], or
• whether the defendant is incapacitated by injury, drugs or is otherwise in danger or in need of physical protection [BA Act s 24(1)(b)(iv)].

The protection of the community, taking into account:

• the likelihood that the person will interfere with evidence, witnesses or jurors [BA Act s 24(1)(c)],
• the likelihood that the person will commit an offence or break any bail condition while on bail [BA Act s 24(1)(d)]:
• the protection and welfare of the alleged victim, victim's family or other persons [BA Act s 24(1)(e)]:

Whether a domestic violence order is in force against the defendant [BA Act s 24(1)(f)], the risk of the defendant committing domestic violence (including against the alleged victim) [BA Act s 24(1)(g)] and whether the risk of the defendant committing domestic violence could be addressed though bail conditions or making a domestic violence order [BA Act s 24(1)(h)].

The police officer or court can take into any evidence or information they consider to be credible or trustworthy [BA Act s 24(2)].

Conditions of bail

The police office or court, when granting bail, is required to impose conditions that are necessary to minimise the risks to the safety and welfare of others that may result from granting the person bail [BA Act s 28(1)]. Any conditions imposed should be proportionate to the risks [BA Act s 28(2)]. For example, a defendant charged with speeding can't be required to forfeit their passport, provide a cash surety and report to police seven days a week.

Own recognisance

Where bail is granted, the Court will set a sum of money that the defendant will forfeit if her or she fails to comply with their undertaking [BA Act s 27(2)(c)]. This sum can be $0, and is often around $500.

Surety

Most defendants are released on bail on their own recognisance, however on occasion the court may require a surety. Sureties are covered by section 27 of the BA Act.

A surety is a person who enters into a separate agreement known as a guarantee of bail. A surety personally guarantees that the person released on bail will comply with the bail agreement or with specified conditions of the bail agreement. The surety is required to agree to forfeit a sum of money if the person on bail fails to comply with the conditions of the bail agreement. A surety may also be required to deposit with the court cash or a form of security, such as the title deed to a house, as a condition of bail. Provided the defendant complies with the bail conditions, the surety will get their money or other security back at the end of the case. The surety can be any person, regardless of character or criminal record, but must be accepted by the court as a suitable person. It is a criminal offence for the surety and the defendant to agree that the defendant will pay back to the surety any money forfeited by the surety arising from a breach of the bail agreement [BA Act s 45].

The person acting as surety can apply to the court to vary the terms of a guarantee of bail or to revoke it, for instance, if they believe that the person bailed is likely to abscond.

A person who agrees to act as surety should take their role very seriously because they stand to lose money if the person they have guaranteed fails to appear in court or comply with other conditions of bail.

Conduct agreement

A bail undertaking usually requires a person to enter into a conduct agreement. The term conduct agreement refers to specified requirements as to the accused person's conduct while on bail, other than financial requirements [BA Act s 27(2)(a)].

The BA Act sets out a lists of conditions a conduct agreement may include [BA Act s 27A(1)]:

• not to associate with specific people [BA Act s 27A(1)(a)]
• to stay away from specific people [BA Act s 27A(1)(b)]
• not to communicate with specific people in any way [BA Act s 27A(1)(v)]
• to stay away from a particular place [BA Act ss 27A(1)(d)(e)]
• to live at supported bail accommodation [BA Act s 27A(1)(ea)]
• to live at a particular place [BA Act s 27A(1)(f)]
• to report the police station at specific intervals (for example, each Tuesday and Thursday) [BA Act s 27A(1)(g)]
• to not consume drugs or alcohol [BA Act s 27A(1)(h)]
• to submit to drug and alcohol testing [BA Act s 27A(1)(ha)]
• to wear a police electronic monitoring device and comply with directions in relation to the use of the device [BA Act ss 27A(1)(iaa)(iab)]
• to wear a community corrections electronic monitoring device and comply with directions in relation to the use of the device (court only can order) [BA Act ss 27A(1)(ia)(ib)], or
• any other conduct the court wishes to prohibit the person from engaging in [BA Act s 27A(1)(i)]

Breaching a conditions of a conduct agreement is considered to be a breach of bail [BA Act s 27(4)].

Breach of bail

A defendant who fails to comply with bail (by failing to attend at court)[BA Act s 37B(1)] or fails to comply with a condition of bail [BA Act s 37B(2)] commits the offence of breach of bail.

A failure to appear on bail often results in the court issuing a warrant of apprehension [BA Act s 39] (see Investigation and arrest ).

Breach of bail is punishable by 200 penalty units or 2 years imprisonment [BA Act ss 37B(1)(2)]. A penalty imposed for a bail offence must not exceed them maximum penalty for the original offence [BA Act ss 37B(6)]. Upon a breach of bail, the court will also decide whether or not to extend, renew, forfeit or vary the defendant's bail. The court can also order that the amount of money the defendant or another person entered into an agreement to forfeit if the bail undertaking was not complied with, be forfeited [BA Act s 40(1)]. Further, the court can order that the person be imprisoned if they fail to pay the forfeited amount within 28 days [BA Act s 40(6)]. However, the person can later apply to the court to cancel, reduce or suspend the forfeiture order, provided there are good reasons to do so [BA Act s 41].

A person on bail who is unable to get to court on the day should contact their lawyer, the prosecutor's office or the court in advance to explain their absence. Although a failure to attend is a breach of a bail condition, if the court decides the defendant's explanation is satisfactory, it may issue a warrant to lie and adjourn the case for a brief period. Provided the defendant appears on the next occasion the warrant will lie in the court until then and not to be issued to police to arrest the person. If the person appears when due, the court can vacate the warrant, and bail can be extended or renewed.

The defendant has a defence to the offence of breach of bail if they had a ‘reasonable excuse’ [BA Act s 37B(5)].

Dispensing with bail

Instead of granting bail, the court can decide to dispense with the need for bail, enabling the person to have unconditional liberty until their next court appearance [BA Act s 9]. The court cannot dispense with bail for offences where there is a presumption against bail [BA Act s 7A].

Review of bail decisions

When bail is refused, the reasons for the decision are recorded in writing on the court file and stated by the court.

When a judge makes a bail decision, an application for review can be lodged in the Supreme Court by either the prosecution or an applicant for bail [BA Act s 35]. The review operates as a rehearing [BA Act s 36].

If the Local Court grants a person bail and the prosecutor immediately informs the court that a request for review is to be made to the Supreme Court, the decision of the Local Court is stayed [BA Act ss 36A(1)(2)]until the Supreme Court affirms, varies or substitutes the decision of the Local Court, the prosecution files a notice in the Supreme Court that the prosecution does not wish to proceed with the review or 4pm 3 business days after the decision was made (whichever is earliest) [BA Act s 36A(4)]. The Supreme Court can extend this time frame if it deems it appropriate to do so [BA Act s 36A(5)].

The Local Court Judge may also review a decision in relation to bail made by the same judge, a different judge or one or more justices of the peace [BA Act s 34(1)]. One or more justices of the peace constituting the Local Court may review a decision in relation to bail made by the same justice or the peace or justices of the peace, or a different justice of the peace or different justices of the peace, if by reason of illness or availability the original formation cannot conveniently be reconvened [BA Act ss 34(2)(3)].

Termination of bail

A bail agreement is terminated when the case against the defendant is concluded, whether that is by conviction and sentence or by a finding of not guilty. In other words, once a bail agreement has been entered into, it continues until the charge against the defendant has been decided, unless it is revoked, varied or reviewed.