Aboriginal legal aid lawyers launch High Court challenge to NT bail laws
The North Australian Aboriginal Justice Agency has filed a challenge to the NT's bail laws in the High Court. (ABC News: Michael Parfitt)
In short:
North Australian Aboriginal Justice Agency chief executive Ben Grimes says hundreds of people detained under the NT's toughened bail laws could be being held unlawfully.
The amendments were rushed through parliament in May in response to the stabbing death of Darwin supermarket owner Linford Feick.
What's next?
Mr Grimes said he hoped the challenge would result in more people being granted bail and put an end to parliament "trying to tell judges how to do their job."
Aboriginal legal aid lawyers have launched a High Court challenge to the Northern Territory's recently overhauled bail laws on the grounds they are unlawful and amount to "punishment without trial".
The North Australian Aboriginal Justice Agency (NAAJA) filed the proceedings on Tuesday afternoon, claiming the laws imposed an "impossibly high threshold" for bail and effectively punished people who had not been found guilty of an offence.
The changes to the bail laws were rushed through the NT parliament in May following the fatal stabbing of Darwin supermarket owner Linford Feick.
Phillip Randel Maurice Parry, who was on bail at the time, was later charged with Mr Feick's murder and will return to court next year.
Lia Finocchiaro conceded the changes would put more people in jail. (ABC News: Pete Garnish)
The amendments introduced an overarching requirement for certain offences that judges have "a high degree of confidence" an alleged offender will not commit a serious offence or "otherwise endanger the safety of the community" before granting bail.
At the time, Chief Minister Lia Finnochiaro acknowledged the laws would push more people into the NT's already overcrowded jails.
"And yes, that will put more pressure on corrections, and so be it," she said.
On Tuesday, NAAJA chairperson Theresa Roe said the laws were already causing harm, particularly for Indigenous Territorians.
"These new laws mean more and more Aboriginal people in the NT are being locked up when they haven't been convicted of any crime," she said.
"NAAJA sees many people who have been sent to prison because of these laws who have later had their charges withdrawn, essentially serving time for crimes they have not committed."
NAAJA chief executive Ben Grimes said as many as several hundred people were likely being held in custody "unlawfully and unconstitutionally".
"More than 40 per cent of our prison population at the moment, more than about 1,100 people, haven't been found guilty of any offence yet," he said.
"Then we're seeing an increasing amount of people who fight the charges and they are acquitted … but they've spent months and months [in jail] waiting for the hearing to happen."
The NT's prison population has increased by roughly 600 people since the Country Liberal Party came to power last year, which has led to severe overcrowding and inhumane conditions.
"Not only are we making people spend time in custody who haven't yet been found guilty or who may be acquitted, we're putting them into pretty horrific conditions that are probably going to damage those people for the rest of their lives," Mr Grimes said.
Ben Grimes says many people denied bail under the changes later have their charges withdrawn. (ABC News: Dane Hirst)
He said NAAJA hoped the High Court challenge would not only result in more people being granted bail, but also put an end to parliament "trying to tell judges how to do their job".
"The government has effectively required or told judges to refuse bail, even in cases when the legally correct decision would be to grant bail," he said.
"Legal cases are incredibly complex and the best way for legal decisions to be made is on a case-by-case basis."
In a statement, an NT government spokesperson said it would defend its actions.
"It’s disappointing legal warfare is being used to try to make the Territory unsafe," they said.
"NAAJA would be better off helping its clients break the cycle of senseless violence rather than jeopardising community safety.
"We will continue to adopt policies that are centred on the rights of victims and the safety of the community."