North Australian Aboriginal Justice Agency Limited v. Northern Territory of Australia

Case No. D15/2025
Case information

Catchwords

Criminal law – bail – Bail Act 1982 (NT) s 7A(2AB) – provision that bail must not be granted unless a high degree of confidence the accused would not commit a prescribed offence or otherwise endanger community safety – constitutional law – whether s 7A(2AB) infringes Ch III of the Constitution – whether detention authorised under s 7A(2AB) an incident of the judicial function of the adjudgment and punishment of criminal guilt – where accused persons represented by the plaintiff have been refused bail under s 7A(2AB) – standing – whether the plaintiff has standing to seek declarations of invalidity or inapplicability of s 7A(2AB)