NTIn ForceAct
Bail Act 1982
24ACriteria to be considered in bail applications for youths
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24A Criteria to be considered in bail applications for youths
(1) This section applies in relation to a determination as to the grant of
bail to an accused person who is a youth.
(2) In addition to the criteria mentioned in section 24, an authorised
member or a court must take into consideration, so far as they can
reasonably be ascertained, the following matters:
(b) the need to strengthen and preserve the relationship between
the youth and the youth's family, a responsible adult in relation
to the youth or the youth's carers;
(c) the desirability of allowing the living arrangements of the child
to continue without interruption or disturbance;
(d) the desirability of allowing the education, training or
employment of the youth to continue without interruption or
disturbance;
(f) the likely sentence should the youth be found guilty of the
offence;
(g) the youth's prior exposure to, experience of and reaction to
trauma;
(h) the cognitive capacity, health and developmental needs of the
youth;
(i) if the youth is an Aboriginal person – any issues that arise due
to the youth's Aboriginality, including:
(i) the youth's cultural background, including the youth's
ties to extended family or place; and
(ii) any other relevant cultural issue or obligation.
Bail Act 1982 23
(3) The authorised member or court must take into account any
recommendation or information in relation to the youth provided by
a bail support service that is prescribed by the Regulations.
(4) The authorised member or the court must not refuse to grant bail to
a youth on the sole ground that the youth does not have any, or any
adequate, accommodation.