Lawyers critical of NT government’s bail review

Andrea Hayward | March 23, 2023

A review of bail laws following the stabbing death of a bottleshop worker risks the NT government jailing its way out of criminal activity, lawyers say.

NT Chief Minister Natasha Fyles unveiled a suite of measures aimed at addressing anti-social behaviour and violence on Wednesday and flagged more were under consideration.

It followed the death of 20-year-old Darwin BWS worker Declan Laverty who was stabbed multiple times on Sunday.  

The government swiftly announced it would review bail laws for offences involving a weapon, including the presumption for and against bail.

It follows controversial laws passed in Queensland last week to criminalise bail breaches for children and allow courts to fit 15-year-olds with GPS trackers.

Australian Lawyers Alliance national criminal justice spokesman Greg Barns SC said making bail more difficult would lead to overcrowded prisons and would not to lead to any reduction in crime in the NT.

“We are disturbed to see the NT government following the lead of Queensland in thinking it can jail its way out of criminal activity,” Mr Barns said.

“All the evidence available shows that placing young people in particular in the jail environment is more likely to increase the risk of criminal activity on release.”

High-visibility policing patrols will target known hotspots in Darwin and Alice Springs and capsicum spray canisters would be provided to public transport safety officers and permitted for crowd controllers and security guards, Ms Fyles announced.

The move to allow transit officers to use capsicum spray was also of concern, Mr Barns said.

“While capsicum spray can be used in extreme situations, it’s use must be carefully monitored.

“Overseas experience suggest people with mental illness or with other unusual behaviours can be the victims of spraying. 

“If spray is to be used there must be video footage of its use.”

Ms Fyles said the safety of communities was paramount and enough was enough.

“Our government … is fed up with acts of violence on our streets and towards our workers,” she said on Wednesday.