How to Get Bail in South Australia: A Step-by-Step Guide

Bail allows individuals charged with criminal offences to remain in the community while awaiting trial, rather than being held in custody.

In South Australia, the process is governed by the Bail Act 1985 (SA), which applies to both state and Commonwealth offences.

Understanding how to apply for bail and what the court must consider when determining a bail application is crucial for defendants and their families. This post outlines the key steps, but remember, this is general information—always seek professional legal advice.

 

The Application Process

In first instance, someone charged with a crime can apply for bail from the police (an officer of sergeant rank or higher). Applications are made via a simple form available at police stations. If the police refuse, they must give you a written record of their reasons for refusal.

If police refuse bail, you must appear in the Magistrates Court by 4:00 pm the next working day where you can apply for bail from a Magistrate.  It is strongly recommended you seek advice from a lawyer if you are refused police bail.

 

Eligibility and Presumptions

Most people charged with an offence and in custody are eligible to apply for bail under section 4 of the Bail Act.

For many offences, there’s a legal presumption in favour of bail, meaning the prosecution must prove why it shouldn’t be granted to the bail applicant.

 

Factors Considered by the Court

Under section 10 of the Bail Act, courts weigh factors like the offence’s severity, risk of absconding or reoffending, witness interference, personal protection needs, medical requirements, and prior bail breaches.

 

Prescribed Applicants

In certain circumstances, there is a legal presumption against bail. Under section 10A, someone becomes a prescribed applicant for bail if they are taken into custody for offences such as murder, manslaughter or causing harm during police pursuits, choking/strangulation in a domestic setting, breaches of bail conditions or intervention orders involving violence, serious firearm or drug offences combined with offences against the person, blackmail, causing bushfires, offences by serious and organised crime suspects, and certain Commonwealth child sex offences.

A prescribed applicant must argue that there are special circumstances for their release on bail.

 

Bail Conditions

If granted, bail includes standard conditions such as a requirement to attending court, residing at a specific address, and to not travel outside of South Australia without permission from the Court. Additional conditions such as supervision, police reporting, curfews and having a guarantor can be ordered if the Court deems it necessary.

 

If Bail is Refused

If bail is refused, a person is able to make another application for bail. However, it is unlikely a Magistrate will grant bail unless the person can demonstrate there has been a change in circumstances since the last time they applied for bail.

 

You can seek a review in the Supreme Court by filing an originating application. This review is treated as a fresh application.

 

Breaching Bail

Breaches of bail are serious and can be charged with can lead to arrest, fines up to $2,000, or up to two years’ imprisonment, plus revocation of bail.

 

Navigating bail requires expertise. Contact D’Angelo Lawyers for expert legal assistance.