Northern Territory Numbered Acts

CORRECTIONAL SERVICES (RELATED AND CONSEQUENTIAL AMENDMENTS) ACT 2014 (NO 27 OF 2014) - SECT 19

Section 119

repeal, insert

119     Witness who refuses to enter into recognisance may be committed into custody

    (1)     This section applies if a witness refuses to enter into or acknowledge a recognisance required under section 117.

    (2)     The Justice conducting the preliminary examination may, by warrant, commit the witness into the custody of the Commissioner of Correctional Services until one of the following occurs:

    (a)     the witness enters into and acknowledges the recognisance before any Justice;

    (b)     the trial of the defendant ends.

    (3)     However, any Justice may order the release of the witness from custody if the defendant is brought before a Justice and that Justice does neither of the following in relation to the offence with which the defendant is charged:

    (a)     commit the defendant into custody;

    (b)     grant the defendant bail under the Bail Act .

    (4)     The Commissioner of Correctional Services must comply with an order for release made under subsection (3).