{"id":"bail-act-1985","name":"Bail Act 1985","slug":"bail-act-1985","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31611,"registerId":"sa-bail-act-1985-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bail Act 1985","content":"South Australia\nBail Act 1985\nAn Act to regulate the granting of bail.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n3A\tSerious and organised crime suspects\n3B\tTerror suspects\n4\tEligibility for bail\n5\tBail authorities\nPart 2—Bail agreements and guarantees\n6\tNature of bail agreement\n7\tGuarantee of bail\nPart 3—Applications for release on bail\nDivision 1—Applications generally\n8\tForm of application\n9\tPower of bail authority to make inquiries and to hear evidence\n10\tDiscretion exercisable by bail authority\n10AA\tSpecial considerations for child sexual material offences\n10A\tPresumption against bail in certain cases\n11\tConditions of bail\n11AA\tCertain electronic monitoring must be conducted by public sector agency etc\n11A\tBail authority may direct person to surrender firearm etc\n12\tRefusal of application\nDivision 2—Procedure on arrest\n13\tProcedure on arrest\nPart 4—Review of decisions of bail authorities\n14\tReview of decisions of bail authorities\n15\tTelephone review\n15A\tReview of magistrate's decision by Supreme Court\n16\tStay of release on application for review\nPart 5—Enforcement and termination of bail\n17\tNon-compliance with bail agreement constitutes offence\n17A\tGuarantor must inform member of police force if person fails to comply with bail agreement\n18\tArrest of eligible person on non-compliance with bail agreement\n19\tEstreatment\n19A\tArrest of person who is serious and organised crime suspect\n19B\tArrest of person who is or becomes a terror suspect\n20\tTermination of bail agreement\nPart 6—Miscellaneous\n21\tEvidence\n21A\tApplications on behalf of the Crown\n21B\tIntervention programs\n21C\tPower of delegation—intervention program manager\n22\tFalse information on bail applications\n23\tPeriod of release on bail not to count as part of sentence\n23A\tBail authority to consider intervention orders\n24\tAct not to affect provisions relating to intervention and restraining orders\n25\tNon-application of 48 Geo. III c. 58 in this State\n26\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Bail Act 1985.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nammunition has the same meaning as in the Firearms Act 2015;\nbail authority means a court or person constituted as a bail authority by or under section 5;\ncase manager means a person responsible for supervision of a person's participation in an intervention program;\nChief Executive Officer means the CE within the meaning of the Correctional Services Act 1982;\nchild means a person who was, on the day on which an offence was allegedly committed by that person, under the age of 18 years;\nCommonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;\ncommunity corrections officer means—\n\t(a)\tin relation to a child—an officer or employee of an administrative unit of the Public Service whose duties include the supervision of young offenders in the community;\n\t(b)\tin any other case—an officer or employee of an administrative unit of the Public Service whose duties include the supervision of adult offenders in the community;\ndesignated police facility has the same meaning as in section 78 of the Summary Offences Act 1953;\neligible person means a person who is eligible to apply for release on bail under section 4;\nfinancial condition, in relation to bail, means a condition requiring an applicant for bail to provide security or obtain guarantees, or requiring a guarantor to provide security; and non-financial condition has a correlative meaning;\nfirearm has the same meaning as in the Firearms Act 2015;\nfirearm part has the same meaning as in the Firearms Act 2015;\nguarantee means an agreement under section 7;\nguarantor means a person who enters into a guarantee;\nguardian, in relation to a child, means a parent of the child and any person who is the legal guardian of the child or who has the immediate custody and control of the child;\nintervention program means a program that provides—\n\t(a)\tsupervised treatment; or\n\t(b)\tsupervised rehabilitation; or\n\t(c)\tsupervised behaviour management; or\n\t(d)\tsupervised access to support services; or\n\t(e)\ta combination of any one or more of the above,\ndesigned to address behavioural problems (including problem gambling), substance abuse or mental impairment;\nintervention program manager means a person employed by the South Australian Courts Administration Authority to have general oversight of intervention programs and coordinate the implementation of relevant court orders (and includes a delegate of such a person);\nofficer in charge, in relation to a police station, means the police officer for the time being in charge of the police station;\nresponsible officer, in relation to a police station, means—\n\t(a)\tthe officer in charge of the police station; or\n\t(b)\tif a police officer has, for the time being, been designated by the officer in charge of the police station as the officer with responsibility for persons accepted into custody at the police station—that officer;\nserious and organised crime offence has the same meaning as in the Criminal Law Consolidation Act 1935;\nserious and organised crime suspect—see section 3A;\ntelephone includes any telecommunication device for the transmission of speech;\nterrorism intelligence authority means a terrorism intelligence authority designated by regulations under section 74B of the Police Act 1998;\nterrorism notification means a terrorism notification under section 74B of the Police Act 1998;\nterrorist offence means—\n\t(a)\tan offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or\n\t(b)\ta terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or\n\t(c)\tan offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or\n\t(d)\tan offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or\n\t(e)\tan offence of a kind prescribed by the regulations for the purposes of this definition;\nterror suspect—see section 3B;\ntraining centre has the same meaning as in the Young Offenders Act 1993;\nvictim, in relation to an offence, means a person who allegedly suffers injury in consequence of the commission of the offence;\nworking day means any day except a Saturday, Sunday or public holiday.\n\t(2)\tFor the purposes of this Act, a person will be taken to have been convicted of an offence if a formal finding of guilt has been made against that person by a court whether or not the court proceeds to record a conviction.\n3A—Serious and organised crime suspects\n\t(1)\tA bail authority may determine that a person is a serious and organised crime suspect for the purposes of this Act if the bail authority is satisfied, on application by the Crown, that—\n\t(a)\tthe person has been charged with a serious and organised crime offence; and\n\t(b)\tthe person was not, at the time of the alleged offence, a child; and\n\t(c)\tthe grant of bail to the person is likely to cause a potential witness, or other person connected with proceedings for the alleged offence, to reasonably fear for his or her safety.\n\t(2)\tA determination by a bail authority that a person taken into custody on a charge of an offence is a serious and organised crime suspect ceases to apply after 6 months if, at that time—\n\t(a)\tthe person has not been tried, or is not on trial, for the offence; and\n\t(b)\tthe trial of the offence is not subject to a determination of the Supreme Court or the District Court under section 127 of the Criminal Procedure Act 1921.\n\t(3)\tSubsection (2) does not affect the operation of a bail agreement to which the person is subject at the time at which the determination ceases to apply.\nNote—\nThe person is, however, eligible to reapply for bail—see section 4(1)(h).\n3B—Terror suspects\n\t(1)\tA person is a terror suspect for the purposes of a bail application or bail agreement under this Act if—\n\t(a)\tthe bail application or bail agreement does not relate to a terrorist offence under a law of the Commonwealth; and\n\t(b)\tthe person—\n\t(i)\tis charged with a terrorist offence; or\n\t(ia)\thas previously been convicted of a terrorist offence or charged before a court with a terrorist offence; or\n\t(ii)\tis the subject of a terrorism notification; or\n\t(iii)\tis, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code.\nNote—\nIf the bail application or bail agreement relates to a terrorist offence under a law of the Commonwealth, see section 15AA of the Crimes Act 1914 of the Commonwealth.\n\t(2)\tA person—\n\t(a)\tis charged with a terrorist offence for the purposes of subsection (1)(b)(i) if the person is currently charged with a terrorist offence, whether that charge was laid by police or another law enforcement or prosecution authority; and\n\t(b)\thas previously been charged before a court with a terrorist offence for the purposes of subsection (1)(b)(ia) if an information or other initiating process charging the person with the terrorist offence has previously been filed in a court.\n4—Eligibility for bail\n\t(1)\tThe following persons are eligible for release on bail under this Act:\n\t(a)\ta person who has been taken into custody—\n\t(i)\ton a charge of an offence; or\n\t(ii)\tin the case of a child—on suspicion of having committed an offence;\n\t(b)\ta person who has been convicted of an offence but has not been sentenced for that offence;\n\t(c)\ta person who has been convicted of, and sentenced for, an offence but has not exhausted all rights of appeal against the conviction or sentence, or to have it reviewed;\n\t(d)\ta person who is appearing before a court for allegedly failing to observe a condition of a recognizance;\n\t(e)\ta person who appears before a court in answer to a summons (including a person who so appears as a witness);\n\t(f)\ta person who has been arrested on a warrant and is appearing or is to appear before a court as a witness;\n\t(g)\ta person arrested on a warrant issued under section 19A;\n\t(ga)\ta person who has been arrested without warrant under section 19B;\n\t(h)\ta person who is no longer a serious and organised crime suspect because of the operation of section 3A(2);\n\t(i)\ta person who has ceased to be a terror suspect.\n\t(1a)\tA person who is eligible to apply for bail in accordance with subsection (1)(h) may so apply despite the fact that he or she is already subject to a bail agreement (the previous bail agreement) if, at the time of the previous bail agreement, the person was a serious and organised crime suspect (and if a new bail agreement is entered into following such an application, the previous bail agreement ceases to be in force).\n\t(1b)\tA person who is eligible to apply for bail in accordance with subsection (1)(i) may so apply despite the fact that the person is already subject to a bail agreement (the previous bail agreement) if, at the time of the previous bail agreement, the person was a terror suspect (and if a new bail agreement is entered into following such an application, the previous bail agreement ceases to be in force).\n\t(2)\tIf a person who has been arrested is being detained pursuant to the Summary Offences Act 1953 for a purpose related to the investigation of an offence, the person is not eligible for release on bail until the end of that detention.\n\t(3)\tWhere a person is being detained under Part 3 of the Criminal Law (High Risk Offenders) Act 2015, the person is not eligible for release on bail.\n5—Bail authorities\n\t(1)\tSubject to subsection (3), the following are constituted as bail authorities for the purposes of this Act:\n\t(a)\tthe Supreme Court;\n\t(b)\tthe District Court;\n\t(c)\tthe Magistrates Court;\n\t(d)\tthe Youth Court;\n\t(e)\tif the eligible person—\n\t(i)\thas been arrested on a warrant (other than a warrant endorsed by the court or justice issuing the warrant with a statement excluding the granting of bail by a police officer); or\n\t(ii)\thas not appeared before a court charged with the offence in respect of which he or she has been taken into custody,\na police officer who is—\n\t(iii)\tof or above the rank of sergeant; or\n\t(iv)\tthe responsible officer for a police station;\n\t(ea)\tif the eligible person is appearing before a court in answer to a summons or for allegedly failing to observe a condition of a recognizance—that court;\n\t(eb)\tif the eligible person is appearing, or is to appear, as a witness before a court—that court;\n\t(f)\ta person authorised or required to release the eligible person on bail under subsection (2).\n\t(2)\tIf a warrant for the arrest of a person is issued, the court or justice issuing the warrant may, by endorsement on the warrant—\n\t(a)\tauthorise or require a specified person, or a person of a specified class, to release the arrested person on bail; or\n\t(b)\texclude the granting of bail to the arrested person by a police officer.\n\t(3)\tIf the eligible person is a terror suspect—\n\t(a)\tonly a court may act as a bail authority in accordance with subsection (1) in relation to the eligible person; and\n\t(b)\ta terrorism intelligence authority is entitled to be heard in relation to any application under this Act relating to the eligible person.\nPart 2—Bail agreements and guarantees\n6—Nature of bail agreement\n\t(1)\tA bail agreement with a person who has been charged with, or convicted of, an offence is an agreement under which that person makes an undertaking to the Crown—\n\t(a)\tsubject to any directions in the agreement to the contrary, to be present throughout all proceedings—\n\t(i)\tif the person has not been convicted of the offence—that are committal proceedings relating to the charge or that relate to the hearing and determination of the charge;\n\t(ii)\tif the person is convicted of the offence—relating to sentencing and to any appeal from, or review of, the conviction or any sentence; and\n\t(b)\tto comply with any conditions as to the person's conduct while on bail stipulated in the agreement; and\n\t(c)\tif the agreement so provides—to forfeit to the Crown a sum stipulated in the agreement if the person fails, without proper excuse, to comply with a term or condition of the agreement.\n\t(1a)\tFor the purposes of subsection (1)—\n\t(a)\ta child who has been arrested on suspicion of having committed an offence will, for so long as no charge is actually laid against the child, be taken to have been charged with that suspected offence; and\n\t(b)\tif the child is not charged with that suspected offence but with some other offence arising out of the same circumstances as that suspected offence—a bail agreement entered into by the child relates to that other offence.\n\t(1b)\tA bail agreement with a person who is appearing or is to appear before a court as a witness in proceedings (other than proceedings relating to an offence for which that person has been charged or convicted) is an agreement under which that person makes an undertaking to the court—\n\t(a)\tto be present at the proceedings in accordance with the terms of the agreement; and\n\t(b)\tto comply with any conditions as to the person's conduct while on bail stipulated in the agreement; and\n\t(c)\tif the agreement so provides—to forfeit to the Crown a sum stipulated in the agreement if the person fails, without proper excuse, to comply with a term or condition of the agreement.\n\t(2)\tA bail agreement must—\n\t(a)\tif the bail authority is a court—be in a form determined by that court; or\n\t(b)\tin any other case—be in the prescribed form.\n\t(3)\tIf a bail authority decides to release a person on bail, the bail agreement may be entered into before the bail authority or, unless the bail authority otherwise directs, before—\n\t(a)\ta justice; or\n\t(b)\ta police officer who is—\n\t(i)\tof or above the rank of sergeant; or\n\t(ii)\tthe responsible officer for a police station; or\n\t(ba)\tif the person is in a training centre—the manager of the training centre; or\n\t(c)\tif the person is in prison—the person who is in charge of the prison; or\n\t(ca)\ta registrar or deputy registrar of a court; or\n\t(d)\tany other person specified by the bail authority or any other person of a class specified by the bail authority.\n\t(4)\tDespite the provisions of any other Act, a bail authority may for any sufficient reason—\n\t(a)\ton the application of a person on bail or the Crown, or on its own initiative—\n\t(i)\tvary the conditions of a bail agreement; or\n\t(ii)\trevoke a bail agreement and, if it is necessary to do so, issue a warrant for the arrest of the person who was released under the agreement; or\n\t(b)\ton the application of the Crown, or on its own initiative—issue a warrant for the arrest of a person who was released under a bail agreement.\n\t(5)\tOn the arrest of a person to whom subsection (4)(b) applies, the bail agreement of that person is taken to be revoked.\n\t(6)\tSubsection (5) ceases to apply to the person arrested if that person is later released unconditionally.\n\t(7)\tA warrant for the arrest of a person under subsection (4)(a)(ii) or (4)(b) cannot be issued by a police officer.\n7—Guarantee of bail\n\t(1)\tA guarantee of bail is an agreement with the Crown under which a person—\n\t(a)\tguarantees that a person released under a bail agreement will comply with—\n\t(i)\tall the terms and conditions of the agreement; or\n\t(ii)\tsuch of the terms and conditions of the agreement as are specified in the guarantee; and\n\t(b)\tundertakes that, if that person fails to comply with a term or condition of the bail agreement to which the guarantee relates, he or she (the guarantor) will forfeit to the Crown the sum (if any) specified in the guarantee.\n\t(2)\tA guarantee of bail must—\n\t(a)\tif the bail authority is a court—be in a form determined by that court; or\n\t(b)\tin any other case—be in the prescribed form.\n\t(3)\tA guarantee of bail may be entered into before the bail authority granting bail or, unless the bail authority otherwise directs, before—\n\t(a)\ta justice; or\n\t(b)\ta police officer who is—\n\t(i)\tof or above the rank of sergeant; or\n\t(ii)\tthe responsible officer for a police station; or\n\t(ba)\tif the person who is to be released on bail is in a training centre—the manager of the training centre; or\n\t(c)\tif the person who is to be released on bail is in prison—the person who is in charge of the prison; or\n\t(ca)\ta registrar or deputy registrar of a court; or\n\t(d)\tany other person specified by the bail authority or any other person of a class specified by the bail authority.\n\t(4)\tA bail authority may for any sufficient reason, on the application of a guarantor, vary the terms of the guarantee or revoke the guarantee.\n\t(5)\tIf a bail authority varies or revokes a guarantee, the bail authority may make such consequential variation of the terms of the bail agreement, or revoke the bail agreement, as appears appropriate in the circumstances.\n\t(6)\tA guarantor of bail must be of or above the age of 18 years.\nPart 3—Applications for release on bail\nDivision 1—Applications generally\n8—Form of application\n\t(1)\tSubject to subsection (1a), an application of a person for release on bail—\n\t(a)\tmust—\n\t(i)\tif the bail authority is a court—be in a form determined by that court; or\n\t(ii)\tin any other case—be in the prescribed form; and\n\t(b)\tmust contain the prescribed information; and\n\t(c)\tmust be made in accordance with any procedure prescribed by the regulations; and\n\t(d)\tmust, if the bail authority is a court, be made to the Supreme Court, the District Court or the Magistrates Court in accordance with the rules regulating the making of bail applications under the Supreme Court Act 1935, the District Court Act 1991 or the Magistrates Court Act 1991 (as the case requires).\n\t(1a)\tAn application for release on bail need not be made in accordance with subsection (1)—\n\t(a)\tif the bail authority is satisfied that a less formal application should be permitted in view of the applicant's illiteracy, imperfect command of the English language, intellectual limitations or for any other proper reason; or\n\t(b)\tif the bail authority has access to an application previously made by the applicant and considers that a further written application is unnecessary.\n\t(2)\tA person who has the custody of an eligible person must, at the request of that person—\n\t(a)\tafford such assistance as that person reasonably requires to complete a written application for release on bail; and\n\t(b)\tif the custodian is not a bail authority—transmit the application as soon as practicable to a bail authority.\n\t(2a)\tIf the eligible person is a child, a request may be made on behalf of the child under subsection (2) by a guardian of the child.\n\t(3)\tIf a written application for release on bail comes before a bail authority for determination, the bail authority may proceed to consider and determine the application despite the fact that the application was made in the first instance to some other bail authority.\n9—Power of bail authority to make inquiries and to hear evidence\n\t(1)\tSubject to this section, a bail authority to which an application for release on bail is made—\n\t(a)\tmay make inquiries, or direct that inquiries be made, of the applicant and other persons who may be able to furnish information relevant to the determination of the application; and\n\t(b)\tif the authority (not being a police officer) thinks fit—may take evidence on oath from the applicant or any other person who may be able to furnish information relevant to the determination of the application.\n\t(2)\tIf a bail authority takes evidence, or proposes to take evidence, on oath under subsection (1)(b), it must at the request of the applicant or the Crown permit such examination, cross-examination or re-examination of the witness as may be appropriate in the circumstances.\n10—Discretion exercisable by bail authority\n\t(1)\tIf an application for bail is made to a bail authority by an eligible person who has been charged with, but not convicted of, an offence in respect of which he or she has been taken into custody, the bail authority should, subject to this Act, release the applicant on bail unless, having regard to—\n\t(a)\tthe gravity of the offence in respect of which the applicant has been taken into custody; and\n\t(b)\tthe likelihood (if any) that the applicant would, if released—\n\t(i)\tabscond; or\n\t(ii)\toffend again; or\n\t(iii)\tinterfere with evidence, intimidate or suborn witnesses, or hinder police inquiries; or\n\t(iv)\tcommit a breach of an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009; and\n\t(d)\tany need that the applicant may have for physical protection; and\n\t(e)\tany medical or other care that the applicant may require; and\n\t(f)\tany previous occasions on which the applicant may have contravened or failed to comply with a term or condition of a bail agreement; and\n\t(g)\tany other relevant matter,\nthe bail authority considers that the applicant should not be released on bail.\n\t(2)\tIf the applicant has been convicted of the offence in respect of which he or she has been taken into custody, the bail authority has, subject to this Act, an unfettered discretion as to whether the applicant should be released on bail.\n\t(3)\tIf the applicant is a person who is appearing or is to appear before a court as a witness in proceedings (other than proceedings relating to an offence for which that person has been charged or convicted), the bail authority should, subject to this Act, release the applicant on bail unless there is a likelihood that the applicant would, if released, abscond.\n\t(4)\tDespite the other provisions of this section, if there is a victim of the offence, the bail authority must, in determining whether the applicant should be released on bail, give primary consideration to the need that the victim may have, or perceive, for physical protection from the applicant.\n10AA—Special considerations for child sexual material offences\n\t(1)\tA bail authority considering an application for bail by an eligible person who has been charged with a child sexual material offence must, when having regard to the gravity of the offence in accordance with section 10(1)(a), take into account the harm that people who deal with child sexual material cause to children by contributing to demand for the abuse of children.\n\t(2)\tIn this section—\nchild sexual material means child exploitation material within the meaning of Part 3 Division 11A of the Criminal Law Consolidation Act 1935;\nchild sexual material offence means an offence against section 63, 63AA, 63A or 63AAB of the Criminal Law Consolidation Act 1935.\n10A—Presumption against bail in certain cases\n\t(1)\tDespite section 10, bail is not to be granted to a prescribed applicant unless the applicant establishes the existence of special circumstances justifying the applicant's release on bail.\n\t(1a)\tAn applicant who is a serious and organised crime suspect will not be taken to have established that special circumstances exist for the purposes of subsection (1) unless the applicant also establishes, by evidence verified on oath or by affidavit, that he or she has not previously been convicted of—\n\t(a)\ta serious and organised crime offence; or\n\t(b)\tan offence committed in another jurisdiction that would, if committed in this jurisdiction, have been a serious and organised crime offence.\n\t(2)\tIn this section—\nprescribed applicant means—\n\t(a)\tan applicant taken into custody in relation to any of the following offences if committed, or allegedly committed, by the applicant in the course of attempting to escape pursuit by a police officer or attempting to entice a police officer to engage in a pursuit:\n\t(i)\tan offence against section 13 of the Criminal Law Consolidation Act 1935 in which the victim's death was caused by the applicant's use of a motor vehicle;\n\t(ii)\tan offence against section 19A of the Criminal Law Consolidation Act 1935;\n\t(iii)\tan offence against section 29 of the Criminal Law Consolidation Act 1935 if the act or omission constituting the offence was done or made by the applicant in the course of the applicant's use of a motor vehicle; or\n\t(b)\tan applicant taken into custody in relation to an offence against section 17 if there is alleged to have been a contravention of, or failure to comply with, a condition of a bail agreement imposed under section 11(2)(a)(ii); or\n\t(ba)\tan applicant taken into custody in relation to an offence against section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 if the act or omission alleged to constitute the offence involved physical violence or a threat of physical violence; or\n\t(bb)\tan applicant who is a serious and organised crime suspect;\n\t(c)\tan applicant taken into custody in relation to an offence of contravening or failing to comply with a control order or public safety order issued under the Serious and Organised Crime (Control) Act 2008; or\n\t(ca)\tan applicant charged with an aggravated offence involving physical violence or a threat of physical violence if an aggravating circumstance of the offence is that, at the time of the alleged offence, the applicant is alleged to have contravened an intervention order of a court and the offence lay within the range of conduct that the intervention order was designed to prevent; or\n\t(d)\tan applicant taken into custody in relation to an offence against any of the following provisions of the Criminal Law Consolidation Act 1935:\n\t(ci)\tsection 11;\n\t(i)\tsection 20A;\n\t(ii)\tsection 85B;\n\t(iii)\tsection 172;\n\t(iv)\tsection 248;\n\t(v)\tsection 250; or\n\t(e)\tan applicant taken into custody in relation to a serious firearm offence (within the meaning of Part 3 Division 3 of the Sentencing Act 2017); or\n\t(f)\tan applicant taken into custody in relation to both—\n\t(i)\ta serious drug offence (within the meaning of section 34 of the Controlled Substances Act 1984); and\n\t(ii)\ta serious offence against the person (within the meaning of section 74EA of the Summary Offences Act 1953); or\n\t(g)\tan applicant who is a terror suspect; or\n\t(h)\tan applicant taken into custody in relation to an offence against section 86(4) of the Children and Young People (Safety) Act 2017; or\n\t(i)\tan applicant taken into custody in relation to a serious offence if the applicant is a youth who is a recidivist young offender;\nrecidivist young offender means a person who is a recidivist young offender under Part 3 Division 4 of the Sentencing Act 2017;\nserious offence means—\n\t(a)\ta serious firearm offence within the meaning of Part 3 Division 3 of the Sentencing Act 2017; or\n\t(b)\tany of the following offences if the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years:\n\t(i)\tan offence under Part 5 Division 2 or 3 of the Controlled Substances Act 1984;\n\t(ii)\tan offence under a law of the Commonwealth dealing with the unlawful importation of drugs into Australia;\n\t(iii)\tan offence involving a terrorist act (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth);\n\t(iv)\tan offence under Part 3 of the Criminal Law Consolidation Act 1935;\n\t(v)\tan offence under section 137 of the Criminal Law Consolidation Act 1935;\n\t(vi)\tan offence under section 170 of the Criminal Law Consolidation Act 1935;\n\t(vii)\tan aggravated offence under section 170A of the Criminal Law Consolidation Act 1935;\n\t(viii)\tan offence under section 85(1) of the Criminal Law Consolidation Act 1935;\n\t(ix)\tan offence under section 85B of the Criminal Law Consolidation Act 1935;\n\t(x)\ta serious and organised crime offence (within the meaning of the Criminal Law Consolidation Act 1935);\n\t(xi)\tan offence against section 31(2aa)(b) of the Intervention Orders (Prevention of Abuse) Act 2009;\n\t(xii)\tan offence under a corresponding previous enactment substantially similar to an offence referred to in a preceding subparagraph;\n\t(xiii)\ta conspiracy to commit, or an attempt to commit, an offence referred to in a preceding subparagraph;\nyouth means a child who was, on the day on which an offence was allegedly committed by that child, of or above the age of 14 years.\n11—Conditions of bail\n\t(1)\tSubject to this Act, every grant of bail is subject to the following conditions:\n\t(a)\ta condition prohibiting the applicant from possessing a firearm, ammunition or any firearm part;\n\t(b)\ta condition requiring the applicant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by the bail authority, or a person or class of persons or body specified by the bail authority.\n\t(1a)\tA bail authority may only vary or revoke the conditions imposed by subsection (1) if the bail authority is satisfied that—\n\t(a)\tthere are cogent reasons to do so; and\n\t(b)\tthe possession of a firearm, ammunition or firearm part by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.\n\t(1b)\tA bail authority that is a court can only be satisfied of the matters referred to in subsection (1a) by evidence given on oath.\n\t(1c)\tIf a bail authority varies or revokes a condition imposed by subsection (1), the bail authority must make a written record of the reasons for its decision.\n\t(1d)\tSubject to this section, a bail authority may impose 1 or more of the conditions referred to in subsection (2).\n\t(2)\tThe conditions that may be imposed in relation to the grant of bail are as follows:\n\t(a)\tthat the applicant agree—\n\t(i)\tto reside at a specified address; or\n\t(ia)\tto reside at a specified address and to remain at that place of residence while on bail, not leaving it except for one of the following purposes:\n\t(A)\tremunerated employment; or\n\t(B)\tnecessary medical or dental treatment for the applicant; or\n\t(C)\taverting or minimising a serious risk of death or injury (whether to the applicant or some other person); or\n\t(D)\tany other purpose approved by a community corrections officer; or\n\t(ii)\tif there is a victim of the offence in respect of which the applicant has been charged—to comply with such conditions relating to the physical protection of the victim that the authority considers should apply to the applicant while on bail; or\n\t(iii)\tto be under the supervision of a community corrections officer and to obey the lawful directions of the officer; or\n\t(iv)\tto report to the police at a specified place and at specified times; or\n\t(v)\tto surrender any passport that the applicant may possess; or\n\t(vi)\tto comply with any other condition as to the applicant's conduct that the authority considers should apply while on bail;\n\t(b)\tthat the applicant provide the bail authority with written assurances from a stipulated number of persons, who are acceptable to the bail authority, that they are acquainted with the applicant and are confident that the applicant will comply with the terms and conditions of a bail agreement;\n\t(c)\tthat the applicant agree to forfeit to the Crown a sum of money (to be stipulated in the bail agreement) if the applicant fails, without proper excuse, to comply with a term or condition of the bail agreement;\n\t(d)\tthat the applicant provide security of a specified amount or value to secure payment of a monetary forfeiture agreed to under paragraph (c);\n\t(e)\tthat the applicant obtain specified guarantees, or guarantees of a specified nature;\n\t(f)\tthat a guarantor provide security of a specified amount or value to secure payment of a stipulated monetary forfeiture.\n\t(2aa)\tIf the applicant is a serious and organised crime suspect, any grant of bail to the applicant—\n\t(a)\tmust be made subject to the following conditions:\n\t(i)\ta condition that the applicant agree to reside at a specified address and to remain at that place of residence while on bail, not leaving it except for 1 of the following purposes:\n\t(A)\tnecessary medical or dental treatment for the applicant;\n\t(B)\taverting or minimising a serious risk of death or injury (whether to the applicant or some other person);\n\t(C)\tany other purpose approved by the Chief Executive Officer;\n\t(ii)\ta condition that the applicant agree to be fitted with a device of a kind approved by the Chief Executive Officer for the purpose of monitoring compliance with the condition referred to in subparagraph (i) and to comply with all reasonable directions of the Chief Executive Officer in relation to the device;\n\t(iii)\ta condition that the applicant agree to not communicate with any person other than specified persons, or persons of a specified class or of a class prescribed by regulation;\n\t(iv)\ta condition that the applicant agree to only use for communication purposes, or be in possession of, such telephones, mobile phones, computers or other communication devices as may be specified; and\n\t(b)\tmay not be made subject to the condition referred to in subsection (2)(a)(ia) (but the bail authority may, subject to this section, impose any other condition referred to in subsection (2)).\n\t(2ab)\tIf the applicant is a class 1 or class 2 offence suspect, any grant of bail to the applicant must, subject to this section, be made subject to the following conditions:\n\t(a)\ta condition that the applicant agrees not to engage in child‑related work;\n\t(b)\ta condition that the applicant agrees not to apply for child‑related work.\n\t(2ac)\tA bail authority may only vary or revoke conditions imposed in accordance with subsection (2ab) if the bail authority is satisfied that—\n\t(a)\tthere are cogent reasons to do so; and\n\t(b)\tthe applicant engaging in child‑related work will not pose a risk to the safety and well being of children.\n\t(2ad)\tIf a bail authority varies or revokes a condition imposed by subsection (2ab), the bail authority must make a written record of the reasons for its decision.\n\t(2ae)\tIf the applicant has been charged with an offence against section 31(2aa)(b) of the Intervention Orders (Prevention of Abuse) Act 2009 in respect of an order that is a recognised DVO within the meaning of section 29D of that Act, any grant of bail to the applicant must be made subject to the following conditions:\n\t(a)\tthe condition referred to in subsection (2)(a)(ia);\n\t(b)\ta condition that the applicant agree to be fitted with a device of a kind approved by the Chief Executive Officer for the purpose of monitoring compliance with the condition referred to in subsection (2)(a)(ia) and to comply with all reasonable directions of the Chief Executive Officer in relation to the device,\nand may be made subject to any other conditions referred to in subsection (2).\n\t(2af)\tSubsection (2ae) does not apply if the applicant was a child at the time of the alleged offence.\n\t(2a)\tIn deciding on the conditions to be imposed in relation to a grant of bail, a bail authority should give special consideration to any submissions made by the Crown on behalf of a victim of the alleged offence.\n\t(3)\tA bail authority should not impose a condition under subsection (2)(a)(ia) or (iii) except on the application, or with the consent, of the Crown.\n\t(3a)\tBefore a bail authority imposes a condition under subsection (2)(a)(ia) or (2aa)(a)(i), the bail authority should obtain a report (whether oral or in writing) from the Crown on—\n\t(a)\tin the case of a condition under subsection (2)(a)(ia)—the appropriateness of such a condition being imposed in the applicant's case; or\n\t(b)\tin the case of a condition under subsection (2aa)(a)(i)—whether the place of residence proposed to be specified in the condition is appropriate in the applicant's case.\n\t(4)\tA condition (other than a condition as to the conduct of the applicant while on bail) must not be imposed under this section unless the condition is, in the opinion of the bail authority, reasonably necessary to ensure that the applicant complies with the bail agreement.\n\t(5)\tA financial condition must not be imposed under this section unless the bail authority is of the opinion that the object of ensuring that the applicant complies with the bail agreement cannot be properly secured by a non-financial condition or combination of non-financial conditions.\n\t(6)\tIt is a condition of every bail agreement that the person released under the agreement will not leave the State for any reason—\n\t(a)\tif the person is under the supervision of a community corrections officer—without the permission of the Chief Executive (or his or her nominee) of the administrative unit of which the community corrections officer is an officer or employee; or\n\t(c)\tin any other case—\n\t(i)\tif the bail authority is a court—without the permission of a judge or magistrate; or\n\t(ii)\tif the bail authority is a police officer—without the permission of a police officer who is—\n\t(A)\tof or above the rank of sergeant; or\n\t(B)\tthe responsible officer for a police station.\n\t(7)\tA condition imposed under this section must be stipulated in the bail agreement.\n\t(7a)\tIf it is a condition of a bail agreement that the person released under the agreement will remain at a particular place of residence, a police officer or a community corrections officer authorised by the Minister for the purpose may enter the residence at any time for the purpose of ascertaining whether or not the person is complying with the condition.\n\t(7b)\tA person must not hinder a person referred to in subsection (7a) in the exercise of powers under that subsection.\nMaximum penalty: $2 500.\n\t(8)\tIf it is a condition of a bail agreement that the person released under the agreement will be under the supervision of a community corrections officer and obey the lawful directions of that officer, the officer to whom the person is assigned for supervision may give reasonable directions—\n\t(a)\trequiring that person to report to the officer on a regular basis; or\n\t(b)\trequiring that person to notify the officer of any change in the person's place of residence, or in the person's employment; or\n\t(c)\ton any other matter stipulated by the bail authority.\n\t(9)\tIf—\n\t(a)\ta bail authority imposes a condition under this section; but\n\t(b)\tthe applicant remains in custody because the condition is not fulfilled,\nthe applicant must (if he or she is not sooner released) be brought back before a bail authority for a review of the condition as soon as reasonably practicable and, in any event, within five working days after the condition is imposed.\n\t(10)\tA bail authority may, on a review of a condition under subsection (9)—\n\t(a)\tconfirm, vary or revoke the condition; and\n\t(d)\timpose any other condition under this section that the bail authority thinks fit.\n\t(11)\tIf a bail authority imposes a condition requiring a person—\n\t(a)\tto remain at a particular place of residence while on bail; or\n\t(b)\tto be under the supervision of a community corrections officer,\nthe bail authority must ensure that a copy of the bail agreement is furnished to the relevant responsible Minister.\n\t(12)\tA condition of bail may relate to a place or circumstances outside the State.\n\t(13)\tIn this section—\nchild-related work has the same meaning as in the Child Sex Offenders Registration Act 2006;\nclass 1 offence suspect means a person who has been charged with a class 1 offence (within the meaning of the Child Sex Offenders Registration Act 2006);\nclass 2 offence suspect means a person who has been charged with a class 2 offence (within the meaning of the Child Sex Offenders Registration Act 2006).\n11AA—Certain electronic monitoring must be conducted by public sector agency etc\n\t(1)\tIf a grant of bail is made subject to—\n\t(a)\ta condition imposed under section 11(2)(a)(vi) requiring the applicant to be fitted with a device for the purpose of monitoring compliance with the bail agreement (however described); or\n\t(b)\ta condition imposed under section 11(2aa)(a)(ii) requiring the applicant to be fitted with a device for the purpose of monitoring compliance with section 11(2aa)(a)(i); or\n\t(c)\ta condition imposed under section 11(2ae)(b) requiring the applicant to be fitted with a device for the purpose of monitoring compliance with section 11(2)(a)(ia),\nthen any electronic monitoring services in respect of the device must be provided by a public sector agency (within the meaning of the Public Sector Act 2009) or by an entity acting pursuant to a contract for services approved by the Chief Executive Officer for the purposes of this section.\n\t(2)\tHowever, a contravention of subsection (1) does not, of itself, affect the validity of a grant of bail agreement or a condition of a grant of bail.\n11A—Bail authority may direct person to surrender firearm etc\n\t(1)\tA bail authority may, in relation to a grant of bail that is subject to the condition imposed by section 11(1)(a), direct the person to whom the grant of bail relates to surrender as soon as reasonably practicable at a police station specified by the bail authority any firearm, ammunition or firearm part owned or possessed by the person.\n\t(2)\tA person who refuses or fails to comply with a direction under subsection (1) is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(3)\tNo criminal liability attaches to a person to the extent that he or she is complying with a direction under this section.\n\t(4)\tThe Commissioner of Police must deal with any surrendered firearm, ammunition or firearm part in accordance with the scheme set out in the regulations.\n\t(5)\tNo compensation is payable by the Crown in respect of the exercise of a power or function under this section.\n\t(6)\tThe regulations may provide for the payment, recovery or waiver of fees in respect of this section.\n12—Refusal of application\n\t(1)\tIf a bail authority decides to refuse an application for release on bail, the bail authority must make a written record of the reasons for its decision.\n\t(2)\tThe refusal of an application for release on bail does not preclude further applications.\nDivision 2—Procedure on arrest\n13—Procedure on arrest\n\t(1)\tIf a police officer arrests a person who is, on arrest, eligible to apply for release on bail, the police officer must—\n\t(a)\tas soon as reasonably practicable after delivering the arrested person to a police station or designated police facility after making the arrest, take reasonable steps to ensure that the arrested person (and, if the arrested person is a child, any guardian who is present) understands that the arrested person is entitled to apply for release on bail under this Act; and\n\t(b)\tensure that the arrested person (and, if the arrested person is a child, any guardian who is present) receives—\n\t(i)\ta written statement, in the prescribed form, explaining how, and to what authorities, an application for release on bail may be made under this Act; and\n\t(ii)\tthe appropriate form for making an application for release on bail. \n\t(2)\tAn eligible person who is a child who has applied unsuccessfully to a police officer for release on bail must, if the child or a guardian so requests, be brought before the Youth Court as soon as practicable for the purpose of making an application for release on bail.\n\t(3)\tAn eligible person who has been arrested on a charge of an offence must, if not released beforehand, be brought before the appropriate authority on the charge in relation to which he or she was arrested as soon as reasonably practicable but, in any event, not later than 4 pm on the next working day following the day of arrest.\n\t(4)\tThe appropriate authority before whom a person is brought under subsection (3) must inquire as to whether that person wants to apply for release on bail and, if the person answers in the affirmative, the authority must afford the person a reasonable opportunity to apply for release on bail.\n\t(5)\tFor the purposes of this section, an eligible person may be brought before the Youth Court or the Magistrates Court—\n\t(a)\tin person or by video link; or\n\t(b)\tif the person is in custody in a police station or designated police facility that is situated in a remote area and there is no video link available—by audio link.\n\t(6)\tIn this section—\nappropriate authority means—\n\t(a)\tin relation to a child—the Youth Court; and\n\t(b)\tin any other case—the Magistrates Court;\nremote area, in relation to the situation of a police station or designated police facility, means—\n\t(a)\t200 kilometres or more; or\n\t(b)\tif some other distance is prescribed by the regulations for the purposes of this definition—that distance,\nfrom the nearest Youth Court or Magistrates Court (as the case requires);\nYouth Court means the Youth Court of South Australia.\nPart 4—Review of decisions of bail authorities\n14—Review of decisions of bail authorities\n\t(1)\tA decision of a bail authority (not being the Supreme Court) is subject to review under this section.\n\t(2)\tA review may be carried out under this section on the application of the Crown, the person applying for release on bail or, if the person applying for release on bail is a child, the child or a guardian of the child—\n\t(a)\tby the Supreme Court; or\n\t(b)\tif the decision subject to review is a decision of a police officer or a court constituted of justices—by a magistrate.\n\t(3)\tOn a review, the reviewing authority will reconsider the application for release on bail and may make any decision on that application that should, in the opinion of the reviewing authority, have been made in the first instance.\n\t(4)\tIf an application for review of a decision of a bail authority is made, the bail authority must furnish the reviewing authority with any documentary or other material in its possession that may be relevant to the review.\n\t(5)\tThe reviewing authority must hear and determine an application under this section as expeditiously as possible.\n15—Telephone review\n\t(1)\tSubject to this section, if—\n\t(a)\tan arrested person makes an application for release on bail to a police officer or a court constituted of justices; and\n\t(b)\tthe person is dissatisfied with the decision made on the application; and\n\t(c)\tthere is no magistrate in the vicinity immediately available to review the decision,\nthe police officer or justices who made the decision must, on the written application of the person, contact a magistrate by telephone for the purpose of having the decision reviewed.\n\t(2)\tSubsection (1) does not apply to the following persons who have been arrested who are dissatisfied with the decision made on the person's application for release on bail:\n\t(a)\tan arrested person (other than a child) who is dissatisfied with a decision made on application to a police officer on arrest who can be brought before the Magistrates Court constituted of a magistrate by not later than 4 pm on the next day following the day of arrest;\n\t(b)\tan arrested person (other than a child) who is a prescribed applicant within the meaning of section 10A who is dissatisfied with the decision made on application to a police officer on arrest.\n\t(3)\tIf the arrested person is a child, the written application under subsection (1) may be made on behalf of the child by a guardian of the child.\n\t(4)\tIf, in relation to the original application for bail, compliance with section 8(1) was not required under section 8(1a) in that the application was not required in writing, the application for a telephone review under subsection (1) may be made orally.\n\t(5)\tIf the police officer who made the decision is not immediately available to contact a magistrate, contact must be made by another police officer of or above the rank of sergeant or the responsible officer for the police station.\n\t(6)\tIf a magistrate is contacted under subsection (1), the following provisions apply:\n\t(a)\tthe magistrate must make such inquiries as the magistrate thinks necessary to satisfy himself or herself of the genuineness of the application for review;\n\t(b)\tthe police officer or justices who made the telephone contact must explain to the magistrate—\n\t(i)\tthe circumstances of the application for bail; and\n\t(ii)\tthe nature of the decision made on the application; and\n\t(iii)\tthe reasons for that decision;\n\t(c)\tthe magistrate must then speak with the person who applied for bail or any legal practitioner representing or assisting that person, and any other person who may be present and who may, in the opinion of the magistrate, assist in explaining the circumstances of the particular case for the purpose of ensuring that the magistrate is fully informed—\n\t(i)\tof the grounds and circumstances of the application for bail; and\n\t(ii)\tof the reasons for the applicant's dissatisfaction with the decision taken on the application; and\n\t(iii)\tif the applicant is a child—of the circumstances of the child;\n\t(d)\tif the decision that is the subject of the review was made by justices—the magistrate must then speak with—\n\t(i)\tif the police officer who appeared before the justices and opposed the application for bail is present and wishes to speak in relation to the application for review—the police officer; or\n\t(ii)\tif that police officer is not immediately available—another police officer who is present and wishes to speak in relation to the application for review;\n\t(e)\tthe magistrate must then advise the police officer or justices who made the telephone contact of the decision on review, and bail must then be granted or refused in accordance with that decision.\n\t(7)\tFor the purposes of subsection (2), an arrested person can be brought before the Magistrates Court—\n\t(a)\tin person or by video link; or\n\t(b)\tif the person is in custody in a police station or designated police facility that is situated in a remote area and there is no video link available—by audio link.\n\t(8)\tIn this section—\nremote area, in relation to the situation of a police station or designated police facility, means—\n\t(a)\t200 kilometres or more; or\n\t(b)\tif some other distance is prescribed by the regulations for the purposes of this definition—that distance,\nfrom the nearest Magistrates Court.\n15A—Review of magistrate's decision by Supreme Court\n\t(1)\tSubject to this section, a decision of a magistrate on a review of a decision of a bail authority is subject to review by the Supreme Court.\n\t(2)\tA review may be carried out under this section on the application of the Crown, the person applying for release on bail or, if the person applying for release on bail is a child, the child or a guardian of the child.\n\t(3)\tA review under this section may only occur with the permission of the Supreme Court (which should only be granted if it appears that there may have been some error of law or fact).\n16—Stay of release on application for review\n\t(1)\tDespite any other provision of this Act, if—\n\t(a)\t—\n\t(i)\ta bail authority decides to release a person on bail; or\n\t(ii)\ton a review by a magistrate of a decision of a bail authority, the magistrate decides to release a person on bail; and\n\t(b)\ta police officer or counsel on behalf of the Crown immediately indicates that an application for review of the decision will be made under this Part,\nthe release must be deferred.\n\t(2)\tThe period of deferral ends—\n\t(a)\tif an application for a review is to be made—\n\t(i)\tif the reviewing authority is satisfied that there is proper reason to fix a period longer than 72 hours for the period of deferral—at the end of the fixed period; or\n\t(ii)\tin any other case—\n\t(A)\ton the completion of the review; or\n\t(B)\twhen 72 hours elapses,\nwhichever occurs first; or\n\t(b)\tif the Crown does not intend to proceed with the review—\n\t(i)\twhen the notice of discontinuance is filed on behalf of the Crown with the bail authority; or\n\t(ii)\twhen 72 hours elapses,\nwhichever occurs first.\n\t(3)\tIf a person is released on bail under subsection (2) (other than on the completion of a review), the conditions of bail are those that would have applied had the person's release not been deferred.\n\t(4)\tIn this section—\nreviewing authority means a magistrate or the Supreme Court, as the case may be.\nPart 5—Enforcement and termination of bail\n17—Non-compliance with bail agreement constitutes offence\n\t(1)\tA person who, without reasonable excuse, contravenes or fails to comply with a term or condition of a bail agreement is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tA penalty imposed under this section must not exceed the maximum penalty that may be imposed for the principal offence.\n\t(3)\tA penalty imposed under this section is in addition to any pecuniary forfeiture that the convicted person suffers or may suffer in consequence of the offence.\n\t(4)\tA reference in this section to the principal offence is a reference to—\n\t(a)\tthe offence with which the person released on bail was charged; or\n\t(b)\tif that person was charged with a number of offences—that one of the offences that attracts the highest penalty.\n17A—Guarantor must inform member of police force if person fails to comply with bail agreement\nIf a guarantor knows, or has reasonable cause to suspect, that the person released under the bail agreement has failed to comply with a term or condition of the agreement in relation to which his or her guarantee has been given, the guarantor must take reasonable steps to inform a police officer that the failure has, or may have, occurred.\nMaximum penalty: $1 250.\n18—Arrest of eligible person on non-compliance with bail agreement\n\t(1)\tIf it appears to a court or justice that a person released on bail has contravened or failed to comply with a term or condition of a bail agreement, it may, if it appears necessary or desirable to do so, issue a warrant for the person's arrest.\n\t(2)\tA police officer may arrest without warrant a person released on bail if he or she has reasonable grounds for believing that the person—\n\t(a)\tintends to abscond; or\n\t(b)\tis contravening or failing to comply with a bail agreement; or\n\t(c)\thas contravened or failed to comply with a bail agreement.\n\t(3)\tA person who is arrested without warrant pursuant to subsection (2) must, after being delivered into custody at a police station or designated police facility, be brought as soon as practicable before—\n\t(a)\tthe court before which the person is bound to appear; or\n\t(b)\tthe Magistrates Court.\n\t(4)\tOn the arrest of a person to whom this section applies, the bail agreement of that person is taken to be revoked.\n\t(5)\tSubsection (4) ceases to apply to the person arrested if that person is later released unconditionally.\n19—Estreatment\n\t(1)\tIf a person who has been released under a bail agreement contravenes or fails to comply with a term or condition of the agreement—\n\t(a)\tthe court before which that person is bound to appear; or\n\t(b)\tthe Magistrates Court,\nmay, on the application of the Crown or on its own initiative, order that a pecuniary forfeiture stipulated in a bail agreement or a guarantee be carried into effect.\n\t(2)\tAn order for pecuniary forfeiture under subsection (1) may provide that the order is not to be carried into effect until a subsequent day to be fixed by the court making the order.\n\t(3)\tIf a court makes an order under this section, the court may at any time for any sufficient reason, on the application of the person in relation to whom the order is made or on its own initiative—\n\t(a)\treduce the amount of the forfeiture as stipulated in the bail agreement or guarantee; or\n\t(b)\trescind its order.\n\t(3a)\tA court that makes an order under this section may allow time for payment of the amount forfeited and, if appropriate, direct that the amount be paid in instalments.\n\t(4)\tThe amount of a pecuniary forfeiture that is carried into effect pursuant to an order under this section may be recovered as a fine.\n19A—Arrest of person who is serious and organised crime suspect\n\t(1)\tIf it appears to a court that—\n\t(a)\tthe matters referred to in section 3A(1)(a), (b) and (c) apply in relation to a person who has been released on bail; but\n\t(b)\tno application was made by a police officer to the bail authority for a determination to that effect,\nthe court may, if it appears necessary or desirable to do so, issue a warrant for the person's arrest.\n\t(2)\tOn the arrest of a person to whom this section applies, the bail agreement of that person is taken to be revoked.\n\t(3)\tSubsection (2) ceases to apply to the person arrested if that person is later released unconditionally.\n19B—Arrest of person who is or becomes a terror suspect\n\t(1)\tIf—\n\t(a)\ta person who has been released under a bail agreement becomes a terror suspect while subject to the bail agreement; or\n\t(b)\ta terror suspect who has been released under a bail agreement is the subject of a certificate issued by the Commissioner of Police under this section,\na police officer may arrest the person without warrant.\n\t(2)\tThe Commissioner of Police may issue a certificate for the purposes of this section in relation to a terror suspect who has been released under a bail agreement certifying that the Commissioner is satisfied that significant new information has come to light in relation to the person that should be considered by a bail authority.\n\t(3)\tIn any proceedings, a document that appears to be a certificate issued by the Commissioner of Police under this section may be admitted in evidence and is proof, in the absence of proof to the contrary, of the matter so certified.\n\t(4)\tOn the arrest of a person to whom this section applies, the bail agreement of that person is taken to be revoked.\n\t(5)\tSubsection (4) ceases to apply to the person arrested if that person is later released unconditionally.\n20—Termination of bail agreement\nWhen a person who is on bail is sentenced, or discharged without sentence, the bail agreement and guarantees (if any) terminate.\nPart 6—Miscellaneous\n21—Evidence\nAn apparently genuine document purporting to be a bail agreement or guarantee, or a copy of a bail agreement or guarantee, will be accepted by any court or justice as evidence of the bail agreement or guarantee and of its terms and conditions.\n21A—Applications on behalf of the Crown\nAn application may be made or a consent given under this Act on behalf of the Crown by—\n\t(a)\tthe Director of Public Prosecutions; or\n\t(b)\ta person acting on the instructions of the Crown; or\n\t(c)\tany police officer.\n21B—Intervention programs\n\t(1)\tWhen a court releases a person who has been charged with an offence on bail, the court may make it a condition of the bail agreement that the person undertake an intervention program.\n\t(2)\tBefore imposing any such condition, the court must—\n\t(a)\tsatisfy itself that—\n\t(i)\tthe person is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and\n\t(ii)\tthose services are available for the person at a suitable time and place; and\n\t(b)\tgive consideration to any representations made by the person in relation to the program.\n\t(3)\tThe court may make appropriate orders for assessment of the person to determine—\n\t(a)\ta form of intervention program that is appropriate for the person; and\n\t(b)\tthe person's eligibility for the services included on the program,\nand may release the person on bail on condition that he or she undertake the assessment as ordered.\n\t(4)\tIf a bail agreement contains a condition under this section—\n\t(a)\tthe person released on bail under the agreement must comply with conditions regulating his or her participation in the assessment or intervention program notified from time to time by the person's case manager; and\n\t(b)\ta failure to comply with a requirement under paragraph (a) may be regarded as a breach of a condition of the bail agreement.\n\t(5)\tThe court may, at any time, on application by a person released on bail on condition that he or she participate in an assessment or intervention program, make an order revoking or varying the condition.\n\t(6)\tIf an intervention program manager considers that—\n\t(a)\ta person has failed to comply with a condition regulating the person's participation in an assessment or intervention program; and\n\t(b)\tthe failure to comply (of itself or in connection with other matters) suggests that the person is unwilling to participate in the assessment or program as directed,\nthe manager must refer the matter to the court and the court must then determine whether the failure to comply constitutes a breach of the bail agreement.\n\t(7)\tA certificate apparently signed—\n\t(a)\tby an intervention program manager as to—\n\t(i)\twhether the services to be included on a program are available for a particular person and, if so, when they will be available; or\n\t(ii)\twhether a particular person is eligible for the services to be included on a program; or\n\t(b)\tby a case manager as to whether a particular person has complied with conditions regulating his or her participation in an assessment or intervention program,\nis admissible as evidence of the matter so certified.\n21C—Power of delegation—intervention program manager\n\t(1)\tAn intervention program manager may, by instrument in writing, delegate a power or function under this Act—\n\t(a)\tto a particular person; or\n\t(b)\tto the person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA power or function so delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(c)\tis revocable at will.\n22—False information on bail applications\nA person who provides false information in an application for release on bail knowing it to be false is guilty of an offence.\nMaximum penalty: $1 250.\n23—Period of release on bail not to count as part of sentence\nIf a person under sentence of imprisonment is released on bail pending the hearing and determination of an appeal, the period of release does not count as part of the sentence.\n23A—Bail authority to consider intervention orders\n\t(1)\tIf a police officer or a person representing the Crown in bail proceedings is made aware that the victim of the alleged offence, or a person otherwise connected with proceedings for the alleged offence, feels a need for protection from the alleged offender or any other person associated with the alleged offender—\n\t(a)\tthe police officer or other person must ensure that the perceived need for protection is brought to the attention of the bail authority; and\n\t(b)\tthe bail authority must consider—\n\t(i)\tif the bail authority is a court—whether to issue an intervention order in accordance with this section; or\n\t(ii)\tin any other case—whether to apply to the Magistrates Court for an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009.\n\t(2)\tIf an applicant for bail is a serious and organised crime suspect, the bail authority must, on its own initiative, consider—\n\t(a)\tif the bail authority is a court—whether to issue an intervention order in accordance with this section; or\n\t(b)\tin any other case—whether to apply to the Magistrates Court for an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009.\n\t(3)\tA court may, when determining a bail application, exercise the powers of the Magistrates Court to issue against the applicant or any person associated with the applicant, an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 as if an application had been made under that Act against the applicant or other person.\n\t(4)\tAn order issued under this section has effect as an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009.\n24—Act not to affect provisions relating to intervention and restraining orders\nExcept as provided in section 23A, nothing in this Act affects the operation of—\n\t(a)\tthe Intervention Orders (Prevention of Abuse) Act 2009; or\n\t(b)\tthe provisions of the Summary Procedure Act 1921 relating to restraining orders.\n25—Non-application of 48 Geo. III c. 58 in this State\nThe Act of the Imperial Parliament 48 Geo. III c. 58 has no further force or effect in this State.\n26—Regulations\nThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1985\n5\n Bail Act 1985\n7.3.1985\n7.7.1985 (Gazette 9.5.1985 p1399)\n1986\n33\n Statutes Amendment (Children's Bail) Act 1986\n10.4.1986\n30.3.1987 (Gazette 26.2.1987 p440)\n1987\n32\n Bail Act Amendment Act 1987\n23.4.1987\n4.10.1987 (Gazette 30.7.1987 p273)\n1990\n23\n Statute Law Revision Act 1990\n26.4.1990\nSch 2—29.6.1990 (Gazette 14.6.1990 p1606)\n1991\n49\n Director of Public Prosecutions Act 1991\n21.11.1991\n6.7.1992 (Gazette 25.6.1992 p1869)\n1991\n69\n Statutes Repeal and Amendment (Courts) Act 1991\n12.12.1991\n6.7.1992 (Gazette 2.7.1992 p209)\n1993\n62\n Statutes Amendment (Courts) Act 1993\n27.5.1993\nss 19—23—1.7.1993 (Gazette 24.6.1993 p2047)\n1993\n94\n Statutes Repeal and Amendment (Children's Protection and Young Offenders) Act 1993\n4.11.1993\n1.1.1994 (Gazette 4.11.1993 p2177)\n1994\n22\n Domestic Violence Act 1994\n26.5.1994\n1.8.1994 (Gazette 14.7.1994 p68)\n1995\n27\n Statutes Amendment (Attorney-General's Portfolio) Act 1995\n27.4.1995\nss 4—11—10.7.1995 (Gazette 29.6.1995 p2973)\n1996\n67\n Statutes Amendment (Attorney-General's Portfolio) Act 1996\n15.8.1996\nss 4 & 5—17.10.1996 (Gazette 17.10.1996 p1361)\n1999\n42\n Statutes Amendment and Repeal (Justice Portfolio) Act 1999\n5.8.1999\nPt 3 (ss 5—10)—1.9.2000 (Gazette 11.5.2000 p2472)\n2005\n49\n Statutes Amendment (Intervention Programs and Sentencing Procedures) Act 2005\n27.10.2005\nPt 2 (ss 4 & 5) and Sch 1—19.12.2005 (Gazette 15.12.2005 p4326)\n2005\n56\n Justices of the Peace Act 2005\n17.11.2005\nSch 2 (cl 7)—1.7.2006 (Gazette 22.6.2006 p2012)\n2005\n81\n Statutes Amendment (Vehicle and Vessel Offences) Act 2005\n8.12.2005\nPt 3 (s 13)—30.7.2006 (Gazette 27.7.2006 p2400)\n2006\n17\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 11 (ss 45—47)—4.9.2006 (Gazette 17.8.2006 p2831)\n2007\n48\n Statutes Amendment (Victims of Crime) Act 2007\n8.11.2007\nPt 2 (s 4)—17.7.2008 (Gazette 17.7.2008 p3372)\n2008\n13\n Serious and Organised Crime (Control) Act 2008\n15.5.2008\nSch 1 (cl 2)—4.9.2008 (Gazette 4.9.2008 p4227)\n2009\n18\n Cross-border Justice Act 2009\n21.5.2009\nSch 1 (cl 2)—1.11.2009 (Gazette 29.10.2009 p4982)\n2009\n73\n Bail (Arson) Amendment Act 2009\n10.12.2009\n10.12.2009\n2009\n85\n Intervention Orders (Prevention of Abuse) Act 2009\n10.12.2009\nSch 1 (cll 2—4)—9.12.2011 (Gazette 20.10.2011 p4269)\n2012\n12\n Statutes Amendment (Serious and Organised Crime) Act 2012\n10.5.2012\nPt 3 (ss 8—16)—17.6.2012 (Gazette 14.6.2012 p2756)\n2012\n33\n Statutes Amendment (Serious Firearm Offences) Act 2012\n27.9.2012\nPt 2 (ss 4—7)—4.3.2013 (Gazette 21.2.2013 p485)\n2013\n41\n Child Sex Offenders Registration (Miscellaneous) Amendment Act 2013\n3.10.2013\nSch 1 (cl 1)—22.12.2013 (Gazette 19.12.2013 p4923)\n2013\n60\n Statutes Amendment (Arrest Procedures and Bail) Act 2013\n7.11.2013\nPt 2 (ss 4—13) & Sch 1—1.10.2014 (Gazette 4.9.2014 p4244)\n2015\n13\n Criminal Law (High Risk Offenders) Act 2015\n9.7.2015\nSch 1 (cl 2)—25.1.2016 (Gazette 11.11.2015 p4886)\n2015\n14\n Intervention Orders (Prevention of Abuse) (Miscellaneous) Amendment Act 2015\n9.7.2015\nSch 1 (cl 1)—1.12.2015 (Gazette 19.11.2015 p4975)\n2015\n46\n Firearms Act 2015\n17.12.2015\nSch 1 (cl 2)—1.7.2017 (Gazette 27.6.2017 p2619)\n2016\n62\n Statutes Amendment (Courts and Justice Measures) Act 2016\n8.12.2016\nPt 2 (ss 4 & 5)—8.12.2016: s 2(1)\n2017\n18\n Summary Procedure (Indictable Offences) Amendment Act 2017\n14.6.2017\nSch 2 (cll 1, 2 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)\n2017\n34\n Bail (Miscellaneous) Amendment Act 2017\n22.8.2017\n22.8.2017 except Pt 3—9.10.2017 (Gazette 4.10.2017 p4231)\n2017\n53\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 2 (s 4)—30.4.2018 (Gazette 6.2.2018 p612)\n2017\n69\n Statutes Amendment (Terror Suspect Detention) Act 2017\n12.12.2017\nPt 2 (ss 4 to 10)—26.2.2018 (Gazette 13.2.2018 p733)\n2017\n70\n Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017\n12.12.2017\nPt 3 (ss 5 to 7)—1.3.2018 (Gazette 6.2.2018 p610)\n2018\n38\n Statutes Amendment (Domestic Violence) Act 2018\n6.12.2018\nPt 2 (s 4)—31.1.2019 (Gazette 24.1.2019 p272)\n2020\n15\n Statutes Amendment (Bail Authorities) Act 2020\n11.6.2020\nPt 2 (ss 4 to 9)—1.1.2021 (Gazette 17.12.2020 p5744)\n2020\n34\n Statutes Amendment (Attorney-General's Portfolio) Act 2020\n1.10.2020\nPt 2 (s 4)—1.1.2021 immediately after s 4 of 15/2020: s 2(3)\n2020\n43\n Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act 2020\n10.12.2020\nPt 2 (s 4)—1.2.2021 (Gazette 27.1.2021 p163)\n2021\n14\n Statutes Amendment (Recommendations of Independent Inquiry into Child Protection) Act 2021\n13.5.2021\nPt 2 (s 4)—2.8.2021 (Gazette 22.7.2021 p2857)\n2022\n20\n Statutes Amendment (Attorney-General's Portfolio) Act 2022\n24.11.2022\nPt 2 (ss 3 to 6)—15.12.2022 (Gazette 15.12.2022 p6905)\n2023\n21\n Statutes Amendment (Sexual Offences) Act 2023\n21.6.2023\nPt 2 (ss 3 & 4)—1.10.2023 (Gazette 14.9.2023 p3237)\n2023\n39\n Public Holidays Act 2023\n7.12.2023\nSch 1 (cl 2)—1.1.2024: s 2\n2024\n14\n Bail (Conditions) Amendment Act 2024\n16.5.2024\n1.10.2024 (Gazette 8.8.2024 p2407)\n2024\n33\n Bail (Terror Suspects and Firearm Parts) Amendment Act 2024\n19.9.2024\n16.12.2024 (Gazette 5.12.2024 p4543)\n2025\n25\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cl 2)—uncommenced\n2025\n52\nStatutes Amendment (Recidivist Young Offenders) Act 2025\n20.11.2025\nPt 2 (s 3)—16.2.2026 (Gazette 12.2.2026 p243)\n2025\n55\nStatutes Amendment (Attorney-General’s Portfolio) Act 2025\n20.11.2025\nPt 2 (ss 3 & 4)—20.11.2025: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\ndeleted by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 3\n\n\ns 3(1)\ns 3 redesignated as s 3(1) by 33/1986 s 3(c)\n30.3.1987\nammunition\ninserted by 33/2012 s 4(1)\n4.3.2013\n\namended by 46/2015 Sch 1 cl 2(1)\n1.7.2017\ncase manager\ninserted by 49/2005 s 4(1)\n19.12.2005\nChief Executive Officer\ninserted by 12/2012 s 8(1)\n17.6.2012\n\namended by 55/2025 s 3\n20.11.2025\nchild\ninserted by 33/1986 s 3(a)\n30.3.1987\nCommonwealth Criminal Code\ninserted by 69/2017 s 4(1)\n26.2.2018\ncommunity corrections officer\ninserted by 42/1999 s 5\n1.9.2000\ndesignated police facility\ninserted by 60/2013 s 4(1)\n1.10.2014\nfirearm\ninserted by 33/2012 s 4(2)\n4.3.2013\n\namended by 46/2015 Sch 1 cl 2(2)\n1.7.2017\nfirearm part\ninserted by 33/2024 s 3\n16.12.2024\nguardian\ninserted by 33/1986 s 3(b)\n30.3.1987\nintervention program\ninserted by 49/2005 s 4(2)\n19.12.2005\nintervention program manager\ninserted by 49/2005 s 4(2)\n19.12.2005\nofficer in charge\ninserted by 60/2013 s 4(2)\n1.10.2014\nresponsible officer\ninserted by 60/2013 s 4(2)\n1.10.2014\nserious and organised crime offence\ninserted by 12/2012 s 8(2)\n17.6.2012\nserious and organised crime suspect\ninserted by 12/2012 s 8(2)\n17.6.2012\nterrorism intelligence authority\ninserted by 69/2017 s 4(2)\n26.2.2018\nterrorism notification\ninserted by 69/2017 s 4(2)\n26.2.2018\nterrorist offence\ninserted by 69/2017 s 4(2)\n26.2.2018\nterror suspect\ninserted by 69/2017 s 4(2)\n26.2.2018\ntraining centre\ninserted by 70/2017 s 5\n1.3.2018\nvictim\namended by 32/1987 s 3\n4.10.1987\nworking day\namended by 34/2017 s 4\n22.8.2017\n\namended by 39/2023 Sch 1 cl 2\n1.1.2024\ns 3(2)\ninserted by 33/1986 s 3(c)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 3A\ninserted by 12/2012 s 9\n17.6.2012\ns 3A(2)\namended by 18/2017 Sch 2 cl 1\n5.3.2018\ns 3B\ninserted by 69/2017 s 5\n26.2.2018\ns 3B(1)\namended by 33/2024 s 4(1), (2)\n16.12.2024\nNote\namended by 33/2024 s 4(3)\n16.12.2024\ns 3B(2)\nsubstituted by 33/2024 s 4(4)\n16.12.2024\ns 4\n\n\ns 4(1)\ns 4 amended by 33/1986 s 3(d)\n30.3.1987\n\ns 4 amended and redesignated as s 4(1) by 32/1987 s 4\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 62/1993 s 19\n1.7.1993\n\namended by 12/2012 s 10(1)\n17.6.2012\n\namended by 69/2017 s 6(1), (2)\n26.2.2018\ns 4(1a)\ninserted by 12/2012 s 10(2)\n17.6.2012\ns 4(1b)\ninserted by 69/2017 s 6(3)\n26.2.2018\ns 4(2)\ninserted by 32/1987 s 4(c)\n4.10.1987\n\namended by 60/2013 Sch 1\n1.10.2014\ns 4(3)\ninserted by 13/2015 Sch 1 cl 2\n25.1.2016\n s 5\n\n\ns 5(1)\namended by 32/1987 s 5\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 62/1993 s 20\n1.7.1993\n\namended by 27/1995 s 4\n10.7.1995\n\namended by 67/1996 s 4(a)\n17.10.1996\n\namended by 56/2005 Sch 2 cl 7\n1.7.2006\n\namended by 60/2013 s 5, Sch 1\n1.10.2014\n\namended by 69/2017 s 7(1)\n26.2.2018\n\namended by 15/2020 s 4\n1.1.2021\n\namended by 34/2020 s 4\n1.1.2021\ns 5(2)\nsubstituted by 67/1996 s 4(b)\n17.10.1996\n\namended by 60/2013 Sch 1\n1.10.2014\ns 5(3)\ninserted by 69/2017 s 7(2)\n26.2.2018\nPt 2\n\n\ns 6\n\n\ns 6(1)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 62/1993 s 21(a)\n1.7.1993\n\namended by 42/1999 s 6\n1.9.2000\n\namended by 60/2013 Sch 1\n1.10.2014\n\namended by 18/2017 Sch 2 cl 2\n5.3.2018\ns 6(1a)\ninserted by 33/1986 s 3(e)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 6(1b)\ninserted by 62/1993 s 21(b)\n1.7.1993\ns 6(2)\namended by 20/2022 s 3\n15.12.2022\ns 6(3)\nsubstituted by 32/1987 s 6\n4.10.1987\n\namended by 60/2013 s 6, Sch 1\n1.10.2014\n\namended by 62/2016 s 4\n8.12.2016\n\namended by 70/2017 s 6\n1.3.2018\ns 6(4)\nsubstituted by 32/1987 s 6\n4.10.1987\n\namended by 17/2006 s 45\n4.9.2006\n\namended by 60/2013 Sch 1\n1.10.2014\n\nsubstituted by 15/2020 s 5\n1.1.2021\ns 6(5)\ninserted by 32/1987 s 6\n4.10.1987\n\namended by 60/2013 Sch 1\n1.10.2014\n\nsubstituted by 15/2020 s 5\n1.1.2021\ns 6(6) and (7)\ninserted by 15/2020 s 5\n1.1.2021\ns 7\n\n\ns 7(1)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 7(2)\namended by 20/2022 s 4\n15.12.2022\ns 7(3)\nsubstituted by 32/1987 s 7\n4.10.1987\n\namended by 60/2013 s 7\n1.10.2014\n\namended by 62/2016 s 5\n8.12.2016\n\namended by 70/2017 s 7\n1.3.2018\ns 7(4)\nsubstituted by 32/1987 s 7\n4.10.1987\ns 7(5)\ninserted by 32/1987 s 7\n4.10.1987\n\namended by 60/2013 Sch 1\n1.10.2014\ns 7(6)\ninserted by 32/1987 s 7\n4.10.1987\nPt 3\n\n\ns 8\n\n\ns 8(1)\nsubstituted by 32/1987 s 8\n4.10.1987\n\namended by 15/2020 s 6\n1.1.2021\n\namended by 20/2022 s 5\n15.12.2022\ns 8(1a)\ninserted by 32/1987 s 8\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 8(2)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 8(2a)\ninserted by 33/1986 s 3(f)\n30.3.1987\n\namended by 60/2013 Sch 1\n1.10.2014\ns 8(3)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 60/2013 Sch 1\n1.10.2014\ns 9\n\n\ns 9(1)\namended by 60/2013 Sch 1\n1.10.2014\ns 9(2)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 60/2013 Sch 1\n1.10.2014\n s 10\n\n\ns 10(1)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 62/1993 s 22(a)\n1.7.1993\n\n(c) deleted by 22/1994 Sch cl 2(a)\n1.8.1994\n\namended by 85/2009 Sch 1 cl 2\n9.12.2011\n\namended by 60/2013 Sch 1\n1.10.2014\ns 10(2)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 60/2013 Sch 1\n1.10.2014\ns 10(3)\ninserted by 62/1993 s 22(b)\n1.7.1993\n\namended by 60/2013 Sch 1\n1.10.2014\ns 10(4)\ninserted by 22/1994 Sch cl 2(b)\n1.8.1994\n\namended by 60/2013 Sch 1\n1.10.2014\ns 10AA\ninserted by 21/2023 s 3\n1.10.2023\ns 10A\ninserted by 81/2005 s 13\n30.7.2006\ns 10A(1a)\ninserted by 12/2012 s 11(1)\n17.6.2012\ns 10A(2)\nsubstituted by 48/2007 s 4\n17.7.2008\n\nsubstituted by 13/2008 Sch 1 cl 2\n4.9.2008\nprescribed applicant\namended by 73/2009 s 3\n10.12.2009\n\namended by 85/2009 Sch 1 cl 3\n9.12.2011\n\namended by 12/2012 s 11(2)\n17.6.2012\n\namended by 33/2012 s 5\n4.3.2013\n\namended by 60/2013 Sch 1\n1.10.2014\n\namended by 34/2017 s 6(1), (2)\n9.10.2017\n\namended by 69/2017 s 8\n26.2.2018\n\namended by 53/2017 s 4\n30.4.2018\n\namended by 38/2018 s 4\n31.1.2019\n\namended by 43/2020 s 4\n1.2.2021\n\namended by 14/2021 s 4\n2.8.2021\n\namended by 25/2025 Sch 2 cl 2\nuncommenced—not incorporated\n\namended by 52/2025 s 3(1)\n16.2.2026\nrecidivist young offender\ninserted by 52/2025 s 3(2)\n16.2.2026\nserious offence\ninserted by 52/2025 s 3(2)\n16.2.2026\nyouth\ninserted by 52/2025 s 3(2)\n16.2.2026\ns 11\n\n\ns 11(1)\nsubstituted by 33/2012 s 6\n4.3.2013\n\namended by 33/2024 s 5\n16.12.2024\ns 11(1a)\ninserted by 33/2012 s 6\n4.3.2013\n\namended by 33/2024 s 5\n16.12.2024\ns 11(1b)—(1d)\ninserted by 33/2012 s 6\n4.3.2013\ns 11(2)\namended by 33/1986 s 3(g)\n30.3.1987\n\namended by 32/1987 s 9(a)\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 42/1999 s 7(a), (b)\n1.9.2000\n\namended by 60/2013 Sch 1\n1.10.2014\ns 11(2aa)\ninserted by 12/2012 s 12(1)\n17.6.2012\ns 11(2ab)—(2ad)\ninserted by 41/2013 Sch 1 cl 1(1)\n22.12.2013\ns 11(2ae) and (2af)\ninserted by 14/2024 s 3\n1.10.2024\ns 11(2a)\ninserted by 32/1987 s 9(b)\n4.10.1987\ns 11(3)\namended by 33/1986 s 3(m)\n30.3.1987\n\nsubstituted by 32/1987 s 9(b)\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 11(3a)\ninserted by 32/1987 s 9(b)\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\nsubstituted by 12/2012 s 12(2)\n17.6.2012\ns 11(4) and (5)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 11(6)\nsubstituted by 32/1987 s 9(c)\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 27/1995 s 5(a)\n10.7.1995\n\namended by 42/1999 s 7(c)\n1.9.2000\n\n(b) deleted by 42/1999 s 7(c)\n1.9.2000\n\namended by 60/2013 s 8, Sch 1\n1.10.2014\n\namended by 20/2022 s 6\n15.12.2022\ns 11(7)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 11(7a)\ninserted by 32/1987 s 9(d)\n4.10.1987\n\namended by 42/1999 s 7(d)\n1.9.2000\n\namended by 60/2013 Sch 1\n1.10.2014\ns 11(7b)\ninserted by 32/1987 s 9(d)\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 42/1999 s 7(e)\n1.9.2000\ns 11(8)\namended by 33/1986 s 3(n)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 42/1999 s 7(f)\n1.9.2000\n\namended by 60/2013 Sch 1\n1.10.2014\ns 11(9)\ninserted by 32/1987 s 9(e)\n4.10.1987\n\nsubstituted by 27/1995 s 5(b)\n10.7.1995\n\namended by 60/2013 Sch 1\n1.10.2014\ns 11(10)\ninserted by 32/1987 s 9(e)\n4.10.1987\n\namended by 60/2013 Sch 1\n1.10.2014\n\n(b), (c) deleted by 60/2013 Sch 1\n1.10.2014\ns 11(11)\ninserted by 32/1987 s 9(e)\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\nsubstituted by 42/1999 s 7(g)\n1.9.2000\n\namended by 60/2013 Sch 1\n1.10.2014\ns 11(12)\ninserted by 32/1987 s 9(e)\n4.10.1987\n\ndeleted by 42/1999 s 7(g)\n1.9.2000\n\ninserted by 18/2009 Sch 1 cl 2\n1.11.2009\ns 11(13)\ninserted by 41/2013 Sch 1 cl 1(2)\n22.12.2013\ns 11AA\ninserted by 55/2025 s 4\n20.11.2025\ns 11A\ninserted by 33/2012 s 7\n4.3.2013\ns 11A(1)\namended by 60/2013 Sch 1\n1.10.2014\n\namended by 33/2024 s 6\n16.12.2024\ns 11A(4)\namended by 33/2024 s 6\n16.12.2024\ns 12\n\n\ns 12(1)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 60/2013 Sch 1\n1.10.2014\ns 13 before substitution by 60/2013\n\n\ns 13(1)\namended by 33/1986 s 3(o), (p)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 13(2)\namended by 33/1986 s 3(q)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 94/1993 s 5(a)\n1.1.1994\n\nsubstituted by 27/1995 s 6(a)\n10.7.1995\ns 13(3)\namended by 33/1986 s 3(r)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 94/1993 s 5(a)\n1.1.1994\n\namended by 67/1996 s 5\n17.10.1996\ns 13(4)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 94/1993 s 5(b)\n1.1.1994\ns 13(5)\ninserted by 94/1993 s 5(c)\n1.1.1994\n\namended by 27/1995 s 6(b)\n10.7.1995\ns 13\nsubstituted by 60/2013 s 9\n1.10.2014\nPt 4\n\n\ns 14\n\n\ns 14(2)\namended by 33/1986 s 3(s)\n30.3.1987\n\namended by 27/1995 s 7\n10.7.1995\n\namended by 60/2013 Sch 1\n1.10.2014\ns 14(3)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 14(4)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 60/2013 Sch 1\n1.10.2014\ns 14(5)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 15 before substitution by 60/2013\n\n\ns 15(1)\namended by 33/1986 s 3(t)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 27/1995 s 8(a), (b)\n10.7.1995\ns 15(2)\namended by 33/1986 s 3(u), (v)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 27/1995 s 8(c)—(e)\n10.7.1995\ns 15(3)\namended by 33/1986 s 3(w), (x)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 27/1995 s 8(f)\n10.7.1995\ns 15\nsubstituted by 60/2013 s 10\n1.10.2014\ns 15(2)\nsubstituted by 34/2017 s 7\n9.10.2017\ns 15A\ninserted by 32/1987 s 10\n4.10.1987\ns 15A(2)\namended by 60/2013 Sch 1\n1.10.2014\ns 15A(3)\namended by 17/2006 s 46\n4.9.2006\n\namended by 60/2013 Sch 1\n1.10.2014\ns 16\nsubstituted by 32/1987 s 11\n4.10.1987\n\nsubstituted by 60/2013 s 11\n1.10.2014\nPt 5\n\n\ns 17\n\n\ns 17(1)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 27/1995 s 9(a)\n10.7.1995\n\namended by 42/1999 s 8\n1.9.2000\ns 17(2)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\nsubstituted by 27/1995 s 9(b)\n10.7.1995\ns 17(3)\namended by 27/1995 s 9(c)\n10.7.1995\ns 17(3a)\ninserted by 32/1987 s 12\n4.10.1987\n\ndeleted by 27/1995 s 9(d)\n10.7.1995\ns 17(4)\namended by 60/2013 Sch 1\n1.10.2014\ns 17A\ninserted by 32/1987 s 13\n4.10.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 42/1999 s 9\n1.9.2000\n\namended by 60/2013 Sch 1\n1.10.2014\ns 18\n\n\ns 18(1)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 60/2013 s 12(1), Sch 1\n1.10.2014\n\nsubstituted by 15/2020 s 7(1)\n1.1.2021\ns 18(2)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 60/2013 Sch 1\n1.10.2014\ns 18(3)\ninserted by 32/1987 s 14\n4.10.1987\n\namended by 27/1995 s 10\n10.7.1995\n\namended by 60/2013 s 12(2)\n1.10.2014\ns 18(4) and (5)\ninserted by 15/2020 s 7(2)\n1.1.2021\ns 19\n\n\ns 19(1)\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 27/1995 s 11(a), (b)\n10.7.1995\n\namended by 17/2006 s 47(1)\n4.9.2006\n\namended by 60/2013 Sch 1\n1.10.2014\ns 19(2)\nsubstituted by 32/1987 s 15(a)\n4.10.1987\n\namended by 27/1995 s 11(c)\n10.7.1995\ns 19(3)\namended by 27/1995 s 11(d)\n10.7.1995\n\namended by 17/2006 s 47(2)\n4.9.2006\n\namended by 60/2013 Sch 1\n1.10.2014\ns 19(3a)\ninserted by 32/1987 s 15(b)\n4.10.1987\n\nsubstituted by 62/1993 s 23\n1.7.1993\n\namended by 27/1995 s 11(e)\n10.7.1995\ns 19A\n\n\ns 19A(1)\ns 19A inserted by 12/2012 s 13\n17.6.2012\n\ns 19A amended by 60/2013 s 13, Sch 1\n1.10.2014\n\ns 19A amended by 15/2020 s 8(1)\n1.1.2021\n\n(c) deleted by 15/2020 s 8(2)\n1.1.2021\n\n(d) deleted by 15/2020 s 8(2)\n1.1.2021\n\ns 19A redesignated as s 19A(1) by 15/2020 s 8(3)\n1.1.2021\ns 19A(2) and (3)\ninserted by 15/2020 s 8(3)\n1.1.2021\ns 19B\ninserted by 69/2017 s 9\n26.2.2018\ns 19B(1)\namended by 15/2020 s 9(1)\n1.1.2021\ns 19B(4) and (5)\ninserted by 15/2020 s 9(2)\n1.1.2021\ns 20\namended by 33/1986 s 3(y)\n30.3.1987\n\nsubstituted by 32/1987 s 16\n4.10.1987\nPt 6\n\n\ns 21\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 21A\ninserted by 32/1987 s 17\n4.10.1987\n\namended by 49/1991 Sch 2\n6.7.1992\n\namended by 60/2013 Sch 1\n1.10.2014\ns 21B\ninserted by 49/2005 s 5\n19.12.2005\ns 21B(2)\nsubstituted by 14/2015 Sch 1 cl 1\n1.12.2015\ns 21B(4)\namended by 60/2013 Sch 1\n1.10.2014\ns 21C\ninserted by 49/2005 s 5\n19.12.2005\ns 21C(1)\namended by 60/2013 Sch 1\n1.10.2014\ns 22\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\namended by 42/1999 s 10\n1.9.2000\ns 23 before substitution by 69/1991\n\n\ns 23(1)\ns 23 redesignated as s 23(1) by 32/1987 s 18\n4.10.1987\n\nsubstituted by 23/1990 s 3(1) (Sch 2)\n29.6.1990\ns 23(2)\ninserted by 32/1987 s 18\n4.10.1987\ns 23\nsubstituted by 69/1991 s 18\n6.7.1992\n\namended by 60/2013 Sch 1\n1.10.2014\ns 23A\ninserted by 12/2012 s 14\n17.6.2012\ns 24\namended by 33/1986 s 3(z)\n30.3.1987\n\namended by 23/1990 s 3(1) (Sch 2)\n29.6.1990\n\nsubstituted by 22/1994 Sch cl 2(c)\n1.8.1994\n\namended by 85/2009 Sch 1 cl 4\n9.12.2011\n\namended by 12/2012 s 15\n17.6.2012\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Intervention Programs and Sentencing Procedures) Act 2005, Sch 1\n1—Review of services included on intervention programs\n\t(1)\tEither House of Parliament may, not before the first anniversary of the commencement of this Act, require the Ombudsman to carry out an investigation concerning the value and effectiveness of all services included on intervention programs (within the meaning of the Bail Act 1985 and the Criminal Law (Sentencing) Act 1988) in the 12 month period following that commencement (or another period specified by the House).\n\t(2)\tFor the purposes of the investigation, the Ombudsman may exercise the same investigative powers as are conferred on the Ombudsman by the Ombudsman Act 1972 in relation to an investigation duly initiated under that Act.\n\t(3)\tThe Ombudsman must, after completing the investigation, submit a report on the outcome of the investigation to—\n\t(a)\tif the investigation was required by the Legislative Council—the President of the Legislative Council; or\n\t(b)\tif the investigation was required by the House of Assembly—the Speaker of the House of Assembly.\n\t(4)\tIf the Ombudsman is required to carry out an investigation in accordance with this clause, the Attorney‑General must ensure that the Ombudsman is provided with the resources the Ombudsman reasonably requires for the purposes of carrying out the investigation.\nStatutes Amendment (Serious and Organised Crime) Act 2012\n16—Transitional provision\nThe amendments to the Bail Act 1985 effected by this Part only apply in relation to a person taken into custody on a charge of an offence allegedly committed after the commencement of this Part.\nBail (Miscellaneous) Amendment Act 2017\n5—Retrospective effect\nIt is the intention of the Parliament that—\n\t(a)\tthe Bail Act 1985 is to be taken to have always excluded a Saturday, a Sunday and any other public holiday from the definition of a working day; and\n\t(b)\tno liability lies against the Crown or any officer or employee of the Crown, or any magistrate or other holder of judicial office, in respect of a failure to bring a person taken into custody before the commencement of this section before an appropriate authority on a Saturday.\nStatutes Amendment (Terror Suspect Detention) Act 2017, Pt 2\n10—Transitional provision\n\t(1)\tThe amendments to the Bail Act 1985 effected by this Act apply in relation to—\n\t(a)\ta person who applies for bail on or after the commencement of this Act; or\n\t(b)\ta person who is, on the commencement of this Act, subject to a bail agreement,\nregardless of when the relevant offence was committed.\n\t(2)\tThe reference in section 19B of the Bail Act 1985 (as amended by this Act) to a person becoming a terror suspect includes a person who, on the commencement of this Part, becomes a terror suspect because they are a person to whom section 3B of the Bail Act 1985 (as amended by this Act) applies.\nSummary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14\n41—Transitional provision\nThe amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).\nStatutes Amendment (Sexual Offences) Act 2023, Pt 2\n4—Transitional provision\nThe Bail Act 1985 as amended by this Part applies in relation to a person who applies for bail on or after the commencement of this Part (regardless of whether the relevant offence was committed before or after that commencement).\nBail (Conditions) Amendment Act 2024, Sch 1\n1—Transitional provision\nThe amendments to the Bail Act 1985 effected by this Act only apply in relation to a person taken into custody on a charge of an offence allegedly committed after the commencement of this Act.\nBail (Terror Suspects and Firearm Parts) Amendment Act 2024, Sch 1\n1—Transitional provision\nThe amendments to section 3B of the Bail Act 1985 effected by this Act only apply in relation to a person taken into custody on a charge of an offence allegedly committed after the commencement of this Act.\nHistorical versions\nReprint No 1—6.7.1992\n\nReprint No 2—1.7.1993\n\nReprint No 3—1.1.1994\n\nReprint No 4—1.8.1994\n\nReprint No 5—10.7.1995\n\nReprint No 6—17.10.1996\n\nReprint No 7—1.9.2000\n\n19.12.2005\n\n1.7.2006\n\n30.7.2006\n\n4.9.2006\n\n17.7.2008\n\n4.9.2008\n\n1.11.2009\n\n10.12.2009\n\n9.12.2011\n\n17.6.2012\n\n4.3.2013\n\n22.12.2013\n\n1.10.2014\n\n1.12.2015\n\n25.1.2016\n\n8.12.2016\n\n1.7.2017\n\n22.8.2017\n\n9.10.2017\n\n26.2.2018 (electronic only)\n\n1.3.2018 (electronic only)\n\n5.3.2018\n\n30.4.2018\n\n31.1.2019\n\n1.1.2021\n\n1.2.2021\n\n2.8.2021\n\n15.12.2022\n\n1.10.2023\n\n1.1.2024\n\n1.10.2024\n\n16.12.2024\n\n20.11.2025\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned was a 404 error from the SA legislation website, not the content of the Bail Act 1985."},"complexity_factors":["No legislative content was returned — only a website error page","Cannot assess complexity without access to the actual text of the Act","The score of 1 reflects the absence of analysable content, not the simplicity of bail law (which in practice is moderately complex)"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided returned a **'Page Not Found'** error from the South Australian legislation website. This appears to be a broken or outdated URL, likely affected by a website update that occurred on **24 March 2026**.\n\n**What we do know:**\n- The legislation referenced is the **Bail Act 1985 (SA)** — a South Australian law governing when and how people accused of crimes can be released from custody while awaiting trial (known as 'bail').\n- The actual text of the Act was **not available** in the content provided, so no meaningful legal analysis can be performed.\n\n**What to do:**\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for 'Bail Act 1985' to find the current version.\n- If you need analysis of the Bail Act 1985 (SA), please provide the actual legislative text."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded and been refined by numerous amendments since enactment in 1985. Significant scope changes in the source text include: creation of a serious and organised crime suspect category and related powers (s 3A inserted 2012; see legislative history 2012), insertion of a terror suspect category and associated procedural limits (s 3B inserted 2017; see legislative history 2017), new mandatory and specialised bail conditions for those suspect classes (s 11(2aa) and s 11(2ae) as amended 2012, 2024), and a requirement that electronic monitoring services be supplied by a public sector agency or CEO‑approved contractor (s 11AA inserted 2025). Transitional provisions recorded in the legislative history show some amendments apply only to offences alleged after specific commencement dates (see transitional clauses for the 2012, 2017, 2024 and 2025 amendments). These amendments extend the Act’s regulatory reach over particular offence categories, add new procedural safeguards and evidentiary burdens for specified suspects, and centralise certain administrative functions (notably procurement approval for monitoring under s 11AA)."},"complexity_factors":["Many cross-references to other Acts and definitions (e.g. Criminal Law Consolidation Act, Commonwealth Criminal Code, Intervention Orders Act) creating interpretive interdependence","Multiple suspect classes with distinct rules (serious and organised crime suspects s 3A/s 11(2aa)/s 19A; terror suspects s 3B/s 5(3)/s 19B; prescribed applicants s 10A)","Layered procedural routes (police, justices, magistrates, courts, telephone review, Supreme Court permission) for bail decisions and reviews (ss 5, 13, 14–16)","Detailed and varying conditions with statutory limits on imposition and variation (s 11 and many subsections), including mandatory conditions and special evidentiary requirements","Statutory shifts in burden of proof for certain classes (s 10A) and additional verification requirements (s 10A(1a))","Enforcement regime combining criminal offences, pecuniary forfeiture (ss 17–19), arrest powers (ss 18, 19A, 19B) and warrants—with varying thresholds","Administrative and procurement controls over electronic monitoring requiring CEO approval and public sector provision (s 11AA)","Extensive legislative history and numerous amendments that change scope and transitional application (legislative history section)"],"plain_english_summary":"# What this law does (mechanics)\n\n- The Bail Act 1985 sets the rules for who can apply for bail, who decides bail, how bail agreements and guarantees work, what conditions can be attached to bail, how breaches are enforced, and how bail decisions can be reviewed. Key mechanics are in: eligibility (s 4), bail authorities (s 5), bail agreements (s 6), guarantees (s 7), applications (s 8), decision factors (s 10), prescribed presumptions against bail (s 10A), conditions (s 11 and subs), enforcement and offences for breaches (ss 17–19), review (Part 4) and a number of special regimes (ss 3A, 3B, 11AA, 19A, 19B).\n\n# Who it affects\n\n- People arrested or in custody who are eligible to apply for bail (s 4). This includes people charged but not yet convicted, some convicted but unsentenced persons, people appearing on recognizance matters, and witnesses (s 4(1)).\n- Courts, magistrates, Youth Court and certain police officers who act as bail authorities and make bail decisions (s 5).\n- Guarantors required to secure compliance and who may have financial liability (s 7, s 19).\n- Police and custodial staff that must inform arrested persons of bail rights and supply forms (s 13).\n- Community corrections officers, intervention program managers and the Chief Executive Officer (CEO) (as defined) where supervision or monitoring is required (s 3 definitions; ss 11, 11AA, 21B).\n\n# How it works in practice\n\n- Eligibility: Section 4 lists who may apply for bail and also excludes people detained under certain other Acts (s 4(2)–(3)).\n- Decision-making: A bail authority should release an unconvicted eligible person unless specified risks justify refusal; the authority must consider gravity of the offence, risk of absconding, re‑offending, interference with evidence, need for protection, medical needs and prior bail compliance (s 10(1)). For convicted applicants the authority has an unfettered discretion (s 10(2)).\n- Presumptions and burden: For the categories named in s 10A (\"prescribed applicants\" such as serious offences, serious firearm offences, serious and organised crime suspects, terror suspects, etc.), bail must not be granted unless the applicant proves special circumstances. A serious and organised crime suspect must also verify, on oath or affidavit, absence of relevant prior convictions (s 10A(1),(1a)).\n- Bail agreements and guarantees: A bail agreement is an undertaking to the Crown to attend proceedings and comply with conditions; a guarantee is a separate agreement by a guarantor to secure compliance and to forfeit money if the bailed person breaches (ss 6–7).\n- Conditions: The Act lists mandatory conditions (e.g. prohibition on possessing firearms and gunshot residue testing — s 11(1)) and a range of permissible conditions (residence, supervision, reporting, surrendering passports, monetary forfeiture, security, limited communication devices, electronic monitoring and child‑related work restrictions) (s 11(2), (2aa), (2ab), (2ae)). Financial conditions (security or forfeiture) can only be imposed if non‑financial conditions are insufficient (s 11(5)). When varying or revoking certain conditions (firearms, child‑related work) the bail authority must be satisfied there are cogent reasons and must record reasons; courts require sworn evidence in some cases (s 11(1a)–(1c), (2ac)–(2ad)).\n- Electronic monitoring and procurement: If bail is made subject to electronic monitoring, monitoring services must be provided by a public sector agency or by an entity under a contract approved by the CEO (s 11AA(1)). The Act says failure to comply with that procurement rule does not, by itself, invalidate the bail (s 11AA(2)).\n- Enforcement and penalties: Breaching bail is an offence (s 17) with maximum penalties provided (see s 17 and specified maxima elsewhere). Courts can issue arrest warrants, police may arrest without warrant in defined circumstances (s 18), and pecuniary forfeitures can be ordered (s 19).\n- Special regimes: The Act permits a bail authority to designate someone a \"serious and organised crime suspect\" (s 3A) with consequences for bail conditions (s 11(2aa)) and allows arrest and revocation where those criteria later apply (s 19A). A person who is or becomes a \"terror suspect\" is governed by special rules: only a court may act as bail authority for a terror suspect (s 5(3)(a)); a terrorism intelligence authority may be heard (s 5(3)(b)); and police may arrest without warrant on becoming a terror suspect or on the Commissioner issuing a certificate about new information (s 19B).\n- Review process: Decisions by bail authorities other than the Supreme Court are reviewable by the Supreme Court or a magistrate (Part 4). Telephone reviews are provided where no magistrate is immediately available (s 15). The Supreme Court can review magistrates’ review decisions with permission (s 15A).\n- Intervention programs: Courts may make participation in supervised intervention programs a bail condition and may order assessments to determine appropriate services (s 21B). Intervention program managers and case managers have defined roles and can certify service availability or compliance; those certificates are admissible evidence (s 21B(7)).\n\n# Who pays and who decides (incentives and costs)\n\n- Individuals in custody, if required, may need to provide security, guarantees or monetary forfeiture (ss 7(1)(b), 11(2)(c)–(f), 19). Guarantors face a duty to inform police if they know or reasonably suspect a breach (s 17A) and potential forfeiture exposure (s 7(1)(b), s 19).\n- The Crown (through courts or police) decides eligibility and conditions (s 5, s 6(4)). Police have specific duties to give information and forms on arrest (s 13). The CEO and intervention program managers exercise procurement and program oversight roles (s 11AA, s 21B, s 21C).\n- The Act places ongoing administrative duties on police and courts: informing arrestees (s 13), providing bail forms (s 13(1)(b)), recording reasons when refusing bail or varying certain conditions (s 12(1), s 11(1c), s 11(2ad)), and furnishing material to reviewing authorities (s 14(4)). Those duties are predictable administrative costs borne by the justice system.\n\n# Compliance burden and discretion\n\n- Applicants must use prescribed forms and provide prescribed information unless relief is given for literacy or other proper reasons (s 8(1), s 8(1a)). Custodians must help complete applications on request (s 8(2)).\n- Bail authorities have broad discretion to impose, vary or revoke conditions for \"sufficient reason\" (s 6(4)) and to issue warrants (s 6(4)(a)(ii), s 19). This discretion is balanced by statutory constraints in some areas (e.g. requirements for cogent reasons, sworn evidence for courts when varying firearms conditions — s 11(1a)–(1c)).\n\n# Trade‑offs, incentives and implementation risks (mechanisms)\n\n- Burden shifting: For prescribed applicants listed in s 10A, the statutory presumption shifts the evidential burden to the applicant to show \"special circumstances\". This creates higher compliance and evidentiary cost for those applicants (s 10A(1)).\n- Centralised procurement and oversight: Section 11AA requires that electronic monitoring services be provided by a public sector agency or under a CEO‑approved contract. That concentrates approval power in the CEO (s 11AA(1)) and centralises procurement decisions; the Act recognises the result does not automatically invalidate bail where the procurement rule is not followed (s 11AA(2)).\n- Concentrated decision power and accountability: Courts must record reasons when refusing bail (s 12(1)) and must record reasons when varying certain mandatory conditions (s 11(1c), s 11(2ad)). These recording duties create an accountability trail but also an administrative burden.\n- Effects on private enterprise: The requirement that electronic monitoring be provided by the public sector or a CEO‑approved contractor (s 11AA) restricts market access for unapproved private providers unless they secure contract approval. Other bail conditions (residence, supervision) create demand for community corrections services and intervention program services (s 11(2)(iii), s 21B).\n- Behavioural incentives: Monetary forfeiture, the possibility of arrest on breach, and guarantor liability incentivise compliance by arrested persons and guarantors (ss 7, 17, 18, 19). Residency, device monitoring and communication restrictions change the practical choices available to a bailed person (s 11(2), s 11(2aa), s 11(2ae)).\n\n# Concrete compliance and implementation costs to watch\n\n- Applicants must meet evidentiary thresholds (special circumstances or sworn verification for some suspects — s 10A(1),(1a)).\n- Guarantors may incur financial liability and a statutory reporting duty (ss 7, 17A). Failure to inform police can attract a penalty (s 17A).\n- Enforcement requires police and court resources for arrest, hearings, warrants and estreatment proceedings (ss 18–19).\n- Intervention programs must be available and suitable before a court may impose them (s 21B(2)); the court must verify availability and eligibility (s 21B(2)(a)).\n\n# Summary of the balance the Act strikes (mechanical, source‑grounded)\n\n- The Act establishes a baseline presumption in favour of bail for most unconvicted applicants (s 10(1)) but creates rebuttable or strict presumptions against bail for defined high‑risk categories (s 10A). It grants broad discretionary powers to bail authorities (s 6(4), s 10(2)) while imposing procedural duties and some statutory safeguards (reason recording, sworn evidence in some cases, requirements to consider victims' protection needs — s 12(1), s 11(1b)–(1c), s 10(4)). It centralises certain monitoring procurement and oversight functions with the CEO and requires public‑sector‑or‑approved provision of electronic monitoring (s 11AA), and it enables courts to attach supervision and rehabilitation conditions (s 11(2), s 21B). Those are the principal mechanisms that create incentives, compliance costs and operational responsibilities under the Act."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1985 purpose of regulating bail for accused persons awaiting trial. It now encompasses: (1) special national security/terrorism regimes (2017-2024 amendments); (2) serious and organised crime suspect provisions with mandatory electronic monitoring and home detention (2012 amendments); (3) domestic violence protections including mandatory conditions for certain breaches (2018-2024 amendments); (4) child sex offender specific restrictions (2013 amendments); (5) intervention programs as alternatives to custody (2005 amendments); and (6) recidivist young offender provisions (2025 amendments). The original simple presumption in favour of bail has been heavily qualified by multiple 'presumption against' categories and special evidentiary requirements."},"complexity_factors":["Multiple overlapping special regimes: serious and organised crime suspects (s 3A), terror suspects (s 3B), child sex offenders (class 1 and 2 offence suspects), and recidivist young offenders each have distinct bail rules","Extensive cross-referencing to other Acts: Firearms Act 2015, Criminal Law Consolidation Act 1935, Intervention Orders (Prevention of Abuse) Act 2009, Commonwealth Criminal Code, Child Sex Offenders Registration Act 2006, etc.","Nested exceptions and conditional logic: s 10A creates a presumption against bail for 'prescribed applicants' with 11 distinct sub-categories, each with their own definitions and cross-references","47+ defined terms in s 3(1) including complex composite definitions like 'terrorist offence' which spans multiple Commonwealth Code divisions","Multiple bail authorities with different powers: Supreme Court, District Court, Magistrates Court, Youth Court, police officers of specific ranks, with different rules for terror suspects (courts only)","Conditional bail conditions: some conditions (like home detention or electronic monitoring) require Crown consent or specific reports; some can only be varied if 'cogent reasons' exist and on oath","Temporal complexity: various transitional provisions apply amendments prospectively or retrospectively depending on when offences were allegedly committed","Interaction with intervention orders: s 23A allows courts to issue intervention orders during bail proceedings, creating parallel civil/criminal processes"],"plain_english_summary":"**What this law does:**\n\nThe *Bail Act 1985* (South Australia) sets out the rules for when people accused of crimes—or certain witnesses—can be released from custody while waiting for their court case, rather than staying in prison. It covers who can apply for bail, who decides bail applications, what conditions can be imposed, and what happens if someone breaks their bail.\n\n**Who it affects:**\n\n- **Accused people** awaiting trial or sentencing\n- **Children** (under 18) suspected or charged with offences\n- **Victims** of crime, whose safety must be considered\n- **Courts** (Supreme, District, Magistrates, Youth) and **police officers** who act as bail authorities\n- **Guarantors** (people who promise money if the accused doesn't show up)\n\n**Key features:**\n\n- **Presumption of bail:** Generally, people charged but not convicted should get bail unless there are good reasons not to (like risk of fleeing, re-offending, or interfering with witnesses)\n- **Special categories:** Tougher rules apply to \"serious and organised crime suspects,\" \"terror suspects,\" and people charged with certain serious offences (like police pursuit deaths, serious firearm offences, or domestic violence). These groups may need to prove \"special circumstances\" to get bail\n- **Conditions:** Bail can include rules like living at a certain address, curfews, electronic monitoring, surrendering firearms, or attending rehabilitation programs\n- **Victims' safety:** Courts must give \"primary consideration\" to protecting victims when deciding bail\n- **Enforcement:** Breaking bail conditions is a criminal offence (up to 2 years prison or $10,000 fine), and police can arrest without warrant if they believe someone will abscond or breach bail\n- **Reviews:** Decisions can be reviewed by higher courts or by telephone in urgent cases\n\n**Why it matters:**\n\nThis law balances the rights of accused people to remain free before trial against community safety and ensuring people attend court. It has become increasingly complex over time as Parliament has added special regimes for organised crime, terrorism, domestic violence, and child sex offences to address community concerns about high-risk offenders."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/bail-act-1985","history":"/api/acts/bail-act-1985/history","analysis":"/api/acts/bail-act-1985/analysis","conflicts":"/api/acts/bail-act-1985/conflicts","importantCases":"/api/acts/bail-act-1985/important-cases","documents":"/api/acts/bail-act-1985/documents"}}