Mr ELFERINK - 2011-02-23
Today, you tabled a bill that proposes making breach of bail an offence. Can you explain to this House whether there is a presumption in favour of the offence of breach of bail and, if so, why?
ANSWER
Madam Speaker, I know the shadow already knows the answer to this question, because he was in the Chamber as I read the second reading speech. There is, of course, discretion in the judicial system for breach of bail.
Introducing breach of bail as an offence is a direct result of the government listening very carefully to the aspirations and needs of the Alice Springs community. It is a useful tool right throughout the Territory. What we are doing is introducing an offence that exists in Australia, and it is timely to introduce it here in the Territory. Very clearly, we need discretion because, for example, if someone is genuinely trying to get to their court appearance, a car breaks down and they can prove to the judicial officer that they did not intentionally breach the bail, of course, you need the judicial discretion. We make no apology …
Mr ELFERINK: A point of order, Madam Speaker! The question was very specific pertaining to a single issue: do you get bail for breaching your bail under her model?
Madam SPEAKER: Member for Port Darwin, it is not a point of order. Please continue, minister.
Members interjecting.
Madam SPEAKER: Order!
Ms LAWRIE: We spelt out very clearly in introducing the legislation today that discretion rests with the judiciary. The jurisdiction will be both in the Summary Court of Jurisdiction as well as the Supreme Court ...
Mr ELFERINK: A point of order, Madam Speaker! She is not addressing the very specific issue under question: relevance. Do you get bail for breaching bail? Yes or no?
Madam SPEAKER: Member for Port Darwin, resume your seat.
Ms LAWRIE: He clearly does not want to understand the process, even though it was spelled out very succinctly. Both the Summary Court of Jurisdiction as well as the Supreme Court have jurisdiction in the proposed legislation before the House, making breach of bail an offence. There are harsh penalties in there: up to two years imprisonment, up to $26 000 in fines. We are sending a clear message that it is unacceptable to breach bail. There will be a criminal offence and conviction attached to it. Discretion about when it is used in custody will occur with the judiciary, because there may well be arguments led about why the breach occurred, such as someone genuinely trying to get to court but their car broke down.
ANSWER
Madam Speaker, I know the shadow already knows the answer to this question, because he was in the Chamber as I read the second reading speech. There is, of course, discretion in the judicial system for breach of bail.
Introducing breach of bail as an offence is a direct result of the government listening very carefully to the aspirations and needs of the Alice Springs community. It is a useful tool right throughout the Territory. What we are doing is introducing an offence that exists in Australia, and it is timely to introduce it here in the Territory. Very clearly, we need discretion because, for example, if someone is genuinely trying to get to their court appearance, a car breaks down and they can prove to the judicial officer that they did not intentionally breach the bail, of course, you need the judicial discretion. We make no apology …
Mr ELFERINK: A point of order, Madam Speaker! The question was very specific pertaining to a single issue: do you get bail for breaching your bail under her model?
Madam SPEAKER: Member for Port Darwin, it is not a point of order. Please continue, minister.
Members interjecting.
Madam SPEAKER: Order!
Ms LAWRIE: We spelt out very clearly in introducing the legislation today that discretion rests with the judiciary. The jurisdiction will be both in the Summary Court of Jurisdiction as well as the Supreme Court ...
Mr ELFERINK: A point of order, Madam Speaker! She is not addressing the very specific issue under question: relevance. Do you get bail for breaching bail? Yes or no?
Madam SPEAKER: Member for Port Darwin, resume your seat.
Ms LAWRIE: He clearly does not want to understand the process, even though it was spelled out very succinctly. Both the Summary Court of Jurisdiction as well as the Supreme Court have jurisdiction in the proposed legislation before the House, making breach of bail an offence. There are harsh penalties in there: up to two years imprisonment, up to $26 000 in fines. We are sending a clear message that it is unacceptable to breach bail. There will be a criminal offence and conviction attached to it. Discretion about when it is used in custody will occur with the judiciary, because there may well be arguments led about why the breach occurred, such as someone genuinely trying to get to court but their car broke down.
Last updated: 09 Aug 2016