South Australia regulation

Bail Regulations 2015

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

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These regulations set the paperwork and practical rules for bail in South Australia: they prescribe which forms to use, define certain State and interstate offences as “terrorist offences” for bail purposes, and establish how surrendered firearms and ammunition are stored, returned or forfeited. The rules affect people applying for bail, guarantors, police (including the Commissioner) and courts by clarifying administrative steps, specifying forfeiture and cost recovery, and providing a standard, translatable information statement about how to apply for bail.

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What it does

The Bail Regulations 2015 (SA) prescribe administrative detail that operates under the Bail Act 1985. Mechanically the instrument does four principal things:

Prescribes forms and form-handling rules for bail applications and related procedures, including which forms a court must use and which forms apply when the bail authority is not a court (r 4; Schedule 1).
Prescribes particular offences as falling within the Act’s definition of "terrorist offence" for the purposes of s 3(1)(e) of the Bail Act (r 3A), by listing specified South Australian offences and specified offences in other States and Territories.
Sets out how surrendered firearms, ammunition and parts of firearms are to be dealt with when a bail authority directs surrender under section 11A of the Act, including automatic forfeiture for certain items, retention, return, refusal criteria, notice rules, cost recovery, and the absence of Crown compensation for forfeiture (r 5).
Prescribes the required written form of the section 13(1)(b)(i) statement that explains how, and to which authorities, an application for bail may be made, and permits a translated form where the applicant’s native language is not English (r 6; Schedule 2).

The regulation text sets out specific operational rules: if the bail authority is a court, prescribed forms for most provisions come from the Joint Criminal Rules 2022 rather than Schedule 1 (r 4(1)); where the bail authority is not a court, Schedule 1 supplies the prescribed forms (r 4(2)). Schedule 1 lists and reproduces application, agreement, notice, record and direction forms, including Form 12 (direction to surrender firearms and ammunition). Regulation 5 imposes duties on the Commissioner of Police to retain surrendered items, return them in specified circumstances, or cause forfeiture where statutory conditions apply (see r 5(1)-(13)). The regulation also prescribes methods of giving notice to persons about return or refusal to return surrendered items, and makes clear that no compensation is payable by the Crown for forfeiture under these rules (r 5(12)). Regulation 3A prescribes certain offences under South Australian law and offences in NSW, Northern Territory and Victoria as "terrorist offence" kinds for Part 3(1)(e) of the Bail Act; it cross‑references the Commonwealth Criminal Code concept of "terrorist organisation" (r 3A(3)).

Current sections

Direct links to the current provisions in Bail Regulations 2015.

Bail Regulations 2015

South Australia Bail Regulations 2015 under the Bail Act 1985

Contents 1 Short title 3 Interpretation 3A Definition of terrorist offence 4 Forms 5 Dealing with surrendered items 6 Section 13 statement Schedule 1—Forms Schedule 2—Section 13 statement Legislative history

1—Short title These regulations may be cited as the Bail Regulations 2015. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Bail Act 1985. (2) In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1. 3A—Definition of terrorist offence (1) For the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of South Australia are prescribed: (a) an offence against section 83CA of the Criminal Law Consolidation Act 1935; (b) any offence against Part 3D of the Criminal Law Consolidation Act 1935; (c) an offence against section 37 of the Summary Offences Act 1953. (2) For the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed: (a) an offence against section 310J of the Crimes Act 1900 of New South Wales; (b) the following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory: (i) an offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation; (ii) an offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation; (iii) an offence against section 54; (iv) an offence against section 55; (c) an offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria. (3) In this regulation— terrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code. 4—Forms (1) If the bail authority is a court, the form prescribed for the purposes of a particular provision of the Act (other than section 6(2), 7(2) or 8(1)) is the relevant form set out in the Joint Criminal Rules 2022. Editorial note— Sections 6(2), 7(2) and 8(1) of the Act provide that if the bail authority is a court the relevant forms will be forms determined by that court. (2) If the bail authority is not a court, the form prescribed for the purposes of a particular provision of the Act is the relevant form set out in Schedule 1. (3) A form set out in Schedule 1 must contain the information required by, and be completed in accordance with, the instructions contained in the form. 5—Dealing with surrendered items (1) For the purposes of section 11A(4) of the Act, the Commissioner of Police must deal with a surrendered item in accordance with this regulation. (2) A surrendered item that is a prohibited weapon (within the meaning of Part 3A of the Summary Offences Act 1953), or that is an item that cannot otherwise be lawfully possessed in this State, is, by force of this subregulation, forfeited to the Crown. (3) The Commissioner of Police must retain a surrendered item (other than a surrendered item forfeited under subregulation (2)) in a location determined by the Commissioner of Police until— (a) the surrendered item is forfeited to the Crown under the Act or any other Act; or (b) the surrendered item is returned in accordance with this regulation to the person who surrendered it; or (c) the surrendered item is seized or surrendered under the provisions of another Act, whichever occurs first. (4) If the condition imposed under section 11(1)(a) of the Act on the grant of bail of the person who surrendered the surrendered item is revoked, or the grant of bail is terminated, the person may notify the Commissioner of Police of that fact. (5) Subject to this regulation, if the Commissioner of Police— (a) is notified pursuant to subregulation (4); or (b) otherwise becomes aware that the grant of bail of the person is no longer subject to the condition imposed under section 11(1)(a) of the Act, or the grant of bail is terminated, the Commissioner of Police must cause the surrendered item to be returned to the person who surrendered the item. (6) If the Commissioner of Police is required to return a surrendered item under subregulation (5), the Commissioner of Police must give notice in writing to the person who surrendered the item setting out— (a) that the surrendered items specified in the notice are to be returned to the person; and (b) the location at which the surrendered items may be collected; and (c) that the surrendered items must be collected from the specified location within 3 months of the date specified in the notice (or such longer time as may be specified by the Commissioner of Police); and (d) that the surrendered items will only be returned if the person holds any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item; and (e) the effect of subregulations (7) and (8). (7) However, the Commissioner of Police may refuse to return a surrendered item to a person if— (a) the person is on conditional release that is subject to a condition prohibiting the person from possessing a firearm, ammunition or part of a firearm; or (b) the person does not hold any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item, and, if the Commissioner of Police does so refuse, he or she must give notice in writing to the person who surrendered the surrendered item setting out— (c) the reasons for the refusal; and (d) in the case of a refusal contemplated by subregulation (7)(a)—the effect of subregulation (9). (8) If— (a) a surrendered item is not collected within the period specified in subregulation (6)(c); or (b) the person does not, at the end of the period specified in subregulation (6)(c), hold the necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item, the surrendered item is, by force of this subregulation, forfeited to the Crown. (9) If the Commissioner of Police refuses to return a surrendered item to a person pursuant to subregulation (7)(a)— (a) the surrendered item will be taken to have been surrendered pursuant to a direction under the provision of the Act under which the conditional release was granted (corresponding to section 11A(1) of the Act); and (b) the surrendered item must be dealt with in accordance with that Act. (10) The Commissioner of Police may recover from the person who surrendered the surrendered item the reasonable costs incurred in connection with the storage of the surrendered item. (11) This regulation is in addition to, and does not derogate from, the operation of any other Act or law. (12) No compensation is payable by the Crown in respect of the forfeiture of a surrendered item under this regulation. (13) A notice required to be given to a person under this regulation may— (a) be given to the person personally; or (b) be posted in an envelope addressed to the person— (i) at the person's last known address; or (ii) at the person's address for service; or (c) be left for the person at the person's last known address or address for service with someone apparently over the age of 16 years; or (d) be given by means of email, text message or other electronic form of communication. (14) In this regulation— conditional release means— (a) release on bail under the Act; or (b) a bond under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or (c) release from prison on home detention or parole, under the Correctional Services Act 1982; or (d) release on licence under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or (e) release on licence, or conditional release from detention, under the Young Offenders Act 1993; surrendered item means a firearm, ammunition or any part of a firearm surrendered pursuant to a direction under section 11A(1) of the Act. 6—Section 13 statement (1) For the purposes of section 13(1)(b)(i) of the Act, a written statement explaining how, and to what authorities, an application for release on bail may be made under the Act must be in the form set out in Schedule 2. (2) If it appears that the native language of an applicant for bail is a language other than English, the written statement may be in the form of a translation into that other language of that form. Schedule 1—Forms

Form 1 Application for release on bail Form 2 Written record of reasons for refusal of bail application Form 3 Grant of bail Form 4 Bail agreement Form 5 Guarantee of bail Form 7 Application to vary conditions of bail agreement Application to revoke bail agreement Form 8 Application to vary terms of guarantee of bail Application to revoke guarantee of bail Form 9 Notice of withdrawal of application for review of decision of bail authority Form 10 Written record of reasons—section 11(1c) Form 11 Written record of reasons—section 11(2ad) Form 12 Direction to surrender firearms and ammunition Form 1—Application for release on bail Bail Act 1985 (section 8(1)) Application for release on bail I, [Insert full name] (the applicant) apply for bail. Date of birth of applicant: Signature of applicant: Date of application: Time of application: Decision of bail authority Tick appropriate box ☐ Bail refused (The bail authority must make a written record of the reasons for its decision) ☐ Bail granted (Form 4 Bail Agreement must be completed) Bail Authority: • If the bail authority is a police officer—the police officer's surname, rank and police identification number: • If the bail authority is not a police officer—the full name of the bail authority: Bail authority's signature: Date: Time: Form 2—Written record of reasons for refusal of bail application Bail Act 1985 (section 12) Bail applicant (insert full name): 1 In refusing bail, the following offences were taken into consideration: 2 It is likely that the applicant would abscond if released on bail for the following reasons (provide relevant details): (a) history of prior breaches of bail: (b) lack of fixed address: (c) lack of social or other ties: (d) any other reason: 3 It is likely that the applicant would offend again if released on bail for the following reasons (provide relevant details): (a) prior offences: (b) other reasons that make the applicant likely to re‑offend: 4 There is a presumption against bail under section 10A of the Bail Act 1985 in relation to which the applicant has not established— (a) the existence of special circumstances justifying his or her release on bail (provide relevant details); or (b) in the case of a serious and organised crime suspect—a lack of prior conviction for a serious and organised crime offence (including such an offence in another jurisdiction) (provide relevant details): 5 Other reasons for refusing bail are (eg: interference with evidence or witnesses, hindering police enquiries etc): Bail Authority (include surname, rank and police identification number): Bail authority's signature: Date: Time: Note— The applicant must be given a copy of this form Acknowledgment of receipt I acknowledge that I have been provided with a copy of the reasons for the refusal of my application to be released on bail. Applicant's signature: Date: Time: Form 3—Grant of bail Bail Act 1985 [Insert full name] (the person) has been granted bail subject to the conditions listed below and stipulated in the bail agreement (see Form 4). Conditions of bail1-4 [Insert bail conditions] Bail Authority: • If the bail authority is a police officer—the police officer's surname, rank and police identification number: • If the bail authority is not a police officer—the full name of the bail authority: Signature of bail authority: Date: Time: Notes— 1 Section 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions of a grant of bail under section 11(1) of the Act if the bail authority is satisfied that— (a) there are cogent reasons for doing so; and (b) the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public. If a bail authority varies or revokes a condition imposed by section 11(1) of the Act, the bail authority must make a written record of the reasons for its decision. 2 Section 11(2ab) of the Act provides that if the person is a class 1 or class 2 offence suspect (within the meaning of the Child Sex Offenders Registration Act 2006), any grant of bail to the applicant must, subject to that section, be made subject to the following conditions: (a) a condition that the applicant agrees not to engage in child-related work; (b) a condition that the applicant agrees not to apply for child-related work. A bail authority may only vary or revoke these conditions if satisfied that there are cogent reasons for doing so and the person engaging in child‑related work will not pose a risk to the safety and well‑being of children. If a bail authority varies or revokes a condition imposed by section 11(2ab) of the Act, the bail authority must make a written record of the reasons for its decision. Details of guarantor(s) Name in full: Address: Form 4—Bail agreement Bail Act 1985 (section 6(2)) Part A I, [insert full name] of [insert address] being charged with/convicted of/* the following offences [insert offences]: Agree to be present at [insert name of court] at [insert time] on [insert date], or at any other time when called on and, subject to any direction in this agreement to the contrary, to be present throughout all proceedings relating to this matter until the matter is disposed of. Directions as to attendance at proceedings [insert] I agree to comply with all of the conditions of bail listed in this agreement. I understand that if I do not appear when required, or if I fail to comply with a condition of bail— • I may be arrested with or without a warrant; and • I may have to pay any money that I have agreed to pay to the Crown if I breach this agreement; and • I may be convicted of an offence against the Bail Act 1985 and liable to a maximum penalty of a fine of $10 000 or 2 years imprisonment. Conditions of bail1-7 [Insert bail conditions] Signature of person entering agreement: Date: Time: Witnessed by authorised person8: Signed: Title, rank or other authorisation: Date: Time: *Strike out whichever does not apply. Notes— 1 Section 11(6) of the Act provides that it is a condition of every bail agreement that the person released under the agreement will not leave the State for any reason— • if the person is under the supervision of an officer of a government department—without the permission of the Chief Executive Officer of the department; • in any other case—without the permission of a judge or magistrate, or police officer who is of or above the rank of sergeant or the responsible officer for a police station. 2 Section 11(1)(a) of the Act provides that it is a condition of every grant of bail that an applicant is prohibited from possessing a firearm, ammunition or any part of a firearm. 3 Section 11(1)(b) of the Act provides that it is a condition of every grant of bail that the applicant 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. 4 Section 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions of a grant of bail under section 11(1) of the Act if the bail authority is satisfied that— • there are cogent reasons for doing so; and • the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public. If a bail authority varies or revokes a condition imposed by section 11(1) of the Act, the bail authority must make a written record of the reasons for its decision. 5 Section 11(2ab) of the Act provides that if the person is a class 1 or class 2 offence suspect (within the meaning of the Child Sex Offenders Registration Act 2006), any grant of bail to the applicant must, subject to that section, be made subject to the following conditions: (a) a condition that the applicant agrees not to engage in child-related work; (b) a condition that the applicant agrees not to apply for child-related work. A bail authority may only vary or revoke these conditions if satisfied that there are cogent reasons for doing so and the person engaging in child‑related work will not pose a risk to the safety and well‑being of children. If a bail authority varies or revokes a condition imposed by section 11(2ab) of the Act, the bail authority must make a written record of the reasons for its decision. 6 The authorised person may be the bail authority, a person or person of a class specified by the bail authority, a justice, a police officer who is of or above the rank of sergeant or the responsible officer for a police station or, if the person is in prison, the person in charge of the prison. Part B: To be completed by bail authority if a condition of bail is altered Date: Bail Authority: • If the bail authority is a police officer—the police officer's surname, rank and police identification number: • If the bail authority is not a police officer—the full name of the bail authority: Details of new condition: Signature of bail authority: Signature of person granted bail: Signature of guarantor: Form 5—Guarantee of bail Bail Act 1985 (section 7(2)) Guarantee of bail I, [insert full name], of [insert address] guarantee that [insert name of person to be released on bail] (the person) will comply with— * all of the terms and conditions of the person's bail agreement; OR * those terms and conditions of the person's bail agreement specified in this guarantee (see below).

Strike out whichever does not apply. I undertake that, if the person fails to comply with a term or condition of the bail agreement to which this guarantee relates, I will forfeit to the Crown the sum of $[insert amount]. I declare— (a) that I know [insert name of the person]; and (b) that I am of or above the age of 18 years; and (c) that I have been given a copy of the bail agreement in relation to which this guarantee is given; and (d) that I will ensure that the person to be released on bail will comply with the terms and conditions of the person's bail agreement in relation to which this guarantee is given. I understand— (a) that if I know, or have reasonable grounds to suspect, that the person has failed to comply with a term or condition of the bail agreement in relation to which this guarantee is given, I am required to take reasonable steps to inform a police officer that the failure has, or may have, occurred and, if I fail to do so, then, in addition to the amount I have undertaken to forfeit to the Crown, I may also be liable to a fine of up to $1 250; and (b) that this guarantee is in force for so long as the person is on bail, subject to the terms of this guarantee being varied or the guarantee being revoked. Terms and conditions of bail agreement specified for the purposes of this guarantee: Guarantor's signature: Date: Time: Signature of authorised person1 witness: Title, rank or other authorisation of witness: Date: Time: 1 The authorised person who witnesses the guarantor's signature may be the bail authority, a person or person of a class specified by the bail authority, a justice, a police officer who is of or above the rank of sergeant or the responsible officer for a police station or, if the person is in prison, the person in charge of the prison. Form 7—Application to vary conditions of bail agreement or to revoke bail agreement Bail Act 1985 (section 6(4)) [Insert full name of person released on bail] of [insert address] is charged with/has been convicted of* [insert offence(s)] and was granted bail on [insert date]. I, [insert name of applicant] of [insert address] apply to [insert name of bail authority] at [insert location] to—
- vary the conditions of the bail agreement
- revoke the bail agreement I make this application on the following grounds: [insert grounds] Applicant's signature: Date: Strike out whichever does not apply. Form 8—Application to vary terms of guarantee of bail or to revoke guarantee of bail Bail Act 1985 (section 7(4)) [Insert full name of person released on bail] of [insert address] is charged with/has been convicted of [insert offence(s)] and was granted bail on [insert date]. I, [insert name of guarantor] of [insert address] apply to [insert name of bail authority] at [insert location] to—
- vary the terms on my guarantee of bail
- revoke my guarantee of bail I make this application on the following grounds: Guarantor's signature: Date: Strike out whichever does not apply. Form 9—Notice of withdrawal of application for review of decision of bail authority Bail Act 1985 (section 16(2)) The Crown advises that the application to review the decision made on [insert date] by [insert name of bail authority] to grant bail to [insert full name of person] of [insert address] is withdrawn. Signature of person acting on behalf of Crown: Full name of person acting on behalf of Crown: Date: Time: Form 10—Written record of reasons—section 11(1c) Bail Act 1985 (section 11(1c)) Bail applicant:1 [insert full name] Condition of bail to be varied or revoked: Details of variation if condition is to be varied: [specify as required] The condition/s of bail under section 11(1) of the Bail Act 19852 are varied/revoked* for the following reasons3: [specify reasons] Bail Authority (include surname, rank and police identification number): Signature of bail authority: Date: Time: Strike out whichever does not apply. Notes— 1 Section 11(1) of the Act provides that every grant of bail is subject to a condition prohibiting the applicant from possessing a firearm, ammunition or any part of a firearm and a 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. 2 Section 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions imposed by section 11(1) of the Act if satisfied that— • there are cogent reasons to do so; and • the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public. 3 Section 11(1c) of the Act provides that if a bail authority varies or revokes a condition imposed by section 11(1), the bail authority must make a written record of the reasons for its decision. Form 11—Written record of reasons—section 11(2ad) Bail Act 1985 (section 11(2ad)) Bail applicant:1 [insert full name] Condition of bail to be varied or revoked: Details of variation if condition is to be varied: [specify as required] The condition/s of bail under section 11(2ab) of the Bail Act 19852 are varied/revoked* for the following reasons3: [specify reasons] Bail Authority (include surname, rank and police identification number): Signature of bail authority: Date: Time: *Strike out whichever does not apply. Notes— 1 Section 11(2ab) of the Act provides that every grant of bail in relation to a person who is a class 1 or class 2 offence suspect is subject to a condition prohibiting the applicant from engaging in or applying for child‑related work (within the meaning of the Child Sex Offenders Registration Act 2006). 2 Section 11(2ac) of the Act provides that a bail authority may only vary or revoke the conditions imposed by section 11(2ab) of the Act if satisfied that— • there are cogent reasons to do so; and • the person engaging in child‑related work will not pose a risk to the safety and well‑being of children. 3 Section 11(2ad) of the Act provides that if a bail authority varies or revokes a condition imposed by section 11(1), the bail authority must make a written record of the reasons for its decision. Form 12—Direction to surrender firearms and ammunition Bail Act 1985 (section 11A(1)) [Insert full name] has been granted bail subject to the conditions stipulated in the bail agreement (see Form 4). Pursuant to section 11A(1) of the Bail Act 1985, I [insert name of bail authority] direct [specify name of person who has been granted bail] to surrender any firearm, ammunition, or part of a firearm owned by you or in your possession forthwith to [specify location of police station]. Bail Authority: • If the bail authority is a police officer—the police officer's surname, rank and police identification number: • If the bail authority is not a police officer—the full name of the bail authority: Signature of bail authority: Date: Time: Note— Section 11A(2) of the Act provides that a person who refuses or fails to comply with a direction under section 11A(1) is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. Schedule 2—Section 13 statement Form—Section 13 statement Bail Act 1985 How to apply for release on bail 1—General The law of bail in South Australia is contained in the Bail Act 1985. This pamphlet is designed to help you decide whether you are eligible to apply for bail, and to assist you in making such an application. It will also assist people who want to "stand bail" (that is, be a guarantor) for you. If there are things you do not understand, ask the police, telephone your lawyer, or ask the magistrate or the person who witnesses your bail documents for advice. If you do not have a lawyer and you want help, you can ask to see the duty solicitor from the Legal Services Commission or telephone the Legal Services Commission during office hours. (Duty solicitors visit the larger courthouses during office hours—ask the police to contact the duty solicitor for you.) 2—What is a bail agreement? A bail agreement is an agreement between the Crown and a person requiring the person to be at his or her court hearings and to obey any special conditions set by the court during the period of the operation of the bail agreement in return for the person's release from custody on bail. 3—Can I apply for bail? Adults If you are aged 18 years or more, you can apply for bail in any of the following circumstances: • you are appearing before a court in answer to a summons and you might be remanded in custody; or • you are in custody on a charge of an offence after being arrested by the police; or • you have been convicted of an offence but have not yet been sentenced; or • you have been convicted of an offence and sentenced, but you have not exhausted all rights of appeal or review and you intend to appeal; or • you are appearing in court for allegedly failing to observe a condition of a bond; or • you have been arrested on a warrant and you are appearing, or are to appear, before a court as a witness; • you have been arrested on a warrant issued by a court— — for failing to appear before that court on charges; or — for breach of a bond, and the court has authorised the police officer in charge of the police station, or a person specified on the warrant, to grant bail on your arrest. However, you cannot apply for bail after having been arrested if you are being detained under the Summary Offences Act 1953 for a purpose related to the investigation of an offence until the end of that detention. People under the age of 18 years If you are under the age of 18 years, you can apply for bail if you have been arrested on suspicion of having committed an offence and you have been taken into police custody. 4—I think I qualify for bail To whom do I apply for bail? There are various bail authorities under the Bail Act 1985 that can hear and decide bail applications. The following is a list of bail authorities for the purposes of the Act: • the Supreme Court; • the District Court; • the Magistrates Court; • the Youth Court; • any court before which you must appear in relation to the matter; • a justice; • a sergeant of police; • a police officer of a rank higher than sergeant; • the responsible officer for a police station; • the person specified on the warrant for your arrest. Depending on your circumstances, you can apply to one of these bail authorities. You should check with a police officer, your lawyer or a court officer as to whom you must apply for bail. How do I apply for bail? Your application for bail must be in writing. Application forms are available from police stations, gaols and courts. You must answer all questions. If you were under the age of 18 years at the time you allegedly committed the offence for which you are arrested, your parent, guardian or custodian may assist you to make your application. If there is something you do not understand, ask a police officer, your lawyer or a court officer to explain. 5—On what grounds will bail be granted or refused? Whether or not you are granted bail will depend on many factors, including— • the seriousness and nature of the alleged offence; • the likelihood that you— — may not attend court when required; or — may offend again; or — may interfere with evidence or a witness; • any need you, or an alleged victim, may have for physical protection; • medical matters; • whether you have previously breached bail conditions; • any other relevant matter. For some applicants (prescribed applicants under section 10A of the Bail Act 1985) there is a presumption against granting bail and the applicant must establish the existence of special circumstances justifying release on bail. 6—What can I do if I am refused bail? If your application for bail is unsuccessful, you can ask for that decision to be reviewed. (A review is a type of appeal.) If the bail authority is a police officer or a justice, the review will be carried out by a magistrate, who can be contacted (by telephone if necessary) by the person who made the original decision. If 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. Once the magistrate has been told the facts of the case and the reason why your application was refused, you have the right to put your case. The magistrate must reach a decision straight away. If the bail authority is a magistrate or a District Court judge, the review must be carried out by a Supreme Court judge. If you are refused bail, you will be given a copy of the written reasons for that refusal. You may apply for bail on a later occasion. 7—What is meant by a bail agreement? When you enter into a bail agreement, you are agreeing to attend a particular court on the next date and at the time fixed for your case as well as on every other occasion when your matter is listed and, unless directed otherwise in the agreement, to be present in court each time your matter is listed until it is finished. You are also agreeing to comply with all of the conditions set out in your bail agreement. Failure to obey any condition of a bail agreement is a criminal offence and can, in some cases, be punished by up to 2 years gaol or a fine of up to $10 000. In addition, any money promised to the Crown as part of your bail agreement may have to be paid and, if necessary, collected in the same way as a fine. 8—What are conditions of bail? Conditions of bail are the rules that you must obey in return for your freedom. In all cases, except where a bail authority allows you to live interstate or gives you permission to travel interstate for a specific reason, you cannot leave South Australia while on bail. It is a condition of bail that you must not possess a firearm, ammunition, or any part of a firearm, and that you submit to such tests (including testing without notice) for gunshot residue, as required by the bail authority. These two conditions apply to the grant of every bail, and can only be varied or revoked if the bail authority is satisfied that there are cogent reasons to do so and the possession of a firearm, ammunition or part of a firearm does not represent an undue risk to the safety of the public. The bail authority must make a written record of the reasons for its decision to vary or revoke these conditions. Once you have been granted bail, the bail authority may direct you to surrender any firearms or ammunition you own or possess. Other restrictions can be imposed on you, including, for example, not seeing or contacting certain people, staying away from certain places, agreeing to live at a certain address, being under the supervision of a community corrections officer, submitting to electronic monitoring such as by wearing a GPS tracking device, reporting to the police on a regular basis or giving up your passport. Conditions are set by the court to suit individual cases. In certain circumstances there are mandatory conditions of bail that must be imposed: • If you are determined to be a serious and organised crime suspect you must reside, with electronic monitoring, at a specified address and may only leave that address in certain limited situations, people that you may contact will be restricted and you will only be able to possess and use specified communication devices; • If you are charged with certain offences where the victim is a child, there will be a condition that you agree not to engage in, or apply for, child‑related work. You can ask a bail authority to vary the conditions imposed on you under the bail agreement. 9—What is a guarantor and what does a guarantor have to do? Your guarantor is a person who enters into a guarantee that you will, if freed on bail, obey all the conditions of bail set by the bail authority (see clause 8). If you do not comply with a condition of your bail agreement and you breach a condition, or if the guarantor knows that you have breached a condition or that you are likely to breach a condition, the guarantor must tell the police what you have done or are likely to do. If the guarantor does not do so, the guarantor can be liable to a fine of up to $1 250. In addition to the possibility of having to pay a fine, if you breach a condition of your bail agreement, your guarantor may have to pay to the Crown the sum of money that the guarantor has undertaken to pay in the guarantee. 10—Guarantor may apply to have guarantee varied or revoked Your guarantor may, at any time, apply to a bail authority to have the terms of the guarantee varied or the guarantee revoked. This could happen if your guarantor is afraid you may abscond or otherwise not comply with the conditions of your bail agreement. Legislative history Notes • Please 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. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For 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. Legislation revoked by principal regulations The Bail Regulations 2015 revoked the following: Bail Regulations 2000 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2015 199 Gazette 20.8.2015 p3894 1.9.2015: r 2 2016 30 Gazette 12.5.2016 p1451 12.5.2016: r 2 2018 37 Gazette 13.2.2018 p770 26.2.2018: r 2 2019 211 Gazette 26.9.2019 p3362 26.9.2019: r 2 2020 317 Gazette 17.12.2020 p5775 1.1.2021: r 2 2022 70 Gazette 25.8.2022 p2622 29.8.2022: r 2 2022 114 Gazette 15.12.2022 p6920 15.12.2022: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 12.5.2016 r 3A

r 3A(1) r 3A inserted by 37/2018 r 4 26.2.2018

r 3A varied and redesignated as r 3A(1) by 211/2019 r 4(1), (2) 26.9.2019 r 3A(2) and (3) inserted by 211/2019 r 4(2) 26.9.2019 r 4 before substitution by 70/2022

r 4(3) varied by 30/2016 r 4 12.5.2016 r 4 substituted by 70/2022 r 3 29.8.2022 r 4(1) substituted by 114/2022 r 3 15.12.2022 Sch 1

Table amended by 70/2022 r 4(1) 29.8.2022

amended by 114/2022 r 4(1) 15.12.2022 Form 1 substituted by 70/2022 r 4(2) 29.8.2022 Form 2 substituted by 30/2016 r 5(1) 12.5.2016 Forms 3 and 4 substituted by 70/2022 r 4(3) 29.8.2022 Form 5 deleted by 70/2022 r 4(3) 29.8.2022

inserted by 114/2022 r 4(2) 15.12.2022 Form 6 deleted by 70/2022 r 4(4) 29.8.2022 Forms 7 and 8 substituted by 70/2022 r 4(5) 29.8.2022 Form 10 substituted by 30/2016 r 5(2) 12.5.2016 Form 11 substituted by 30/2016 r 5(3) 12.5.2016 Sch 2

Form varied by 317/2020 r 4 1.1.2021 Schs 3 and 4 omitted under Legislation Revision and Publication Act 2002 12.5.2016 Historical versions 12.5.2016

26.2.2018

26.9.2019

1.1.2021

29.8.2022

Source text: opening excerpt

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Bail Regulations 2015

South Australia Bail Regulations 2015 under the Bail Act 1985

Compliance with the Bail Regulations 2015 requires coordinated action by police, bail authorities, applicants, guarantors and legal advisers. Below are concrete steps and checklist items mapped to the relevant regulation provisions and Schedule content.

For police and the Commissioner of Police (r 5 obligations):

When a bail authority directs surrender under s 11A(1), log the surrendered item as "firearm, ammunition or part of a firearm" and record the direction using Form 12 where applicable (r 5(1); Schedule 1 Form 12).
Immediately identify whether the surrendered item is a prohibited weapon under Part 3A of the Summary Offences Act 1953 or cannot otherwise lawfully be possessed in South Australia. If so, apply automatic forfeiture to the Crown under r 5(2) and record the basis for forfeiture.
For items not automatically forfeited, choose and record a secure retention location (r 5(3)). Ensure chain of custody and physical security meet evidentiary and storage standards.
Monitor the status of the person’s conditional release. If the condition requiring surrender is revoked, or bail terminated, proceed to notify the person under r 5(4)-(6) about return, using a written notice that includes the elements listed in r 5(6)(a)-(e).
Verify lawful authorisation to possess the item under the Firearms Act 1977 or any other applicable statute before release (r 5(6)(d); r 5(7)(b)). Maintain a checklist for licence checks and prohibition orders.
If refusing to return due to conditional release prohibition or lack of authorisation, issue written reasons as required by r 5(7)(c)-(d) and note the implications under r 5(9).
Record the collection period start and monitor the three-month period (r 5(6)(c)). Where operationally justified, document reasons for extending the collection period.
If items are not collected within the period or authorisation absent at period end, apply forfeiture under r 5(8), record the decision process, and note the absence of Crown compensation (r 5(12)).
Calculate and record any reasonable storage costs recoverable from the person who surrendered the item, provide an invoice or demand in writing, and maintain supporting cost records (r 5(10)).
Use permitted service methods in r 5(13) when giving notices; record time, date and method of each notice.

For bail authorities and courts (r 4 and Schedule 1):

Determine whether the bail authority is a court. If yes, use the Joint Criminal Rules 2022 forms for the relevant provisions, except that forms for s 6(2), s 7(2) and s 8(1) may be determined by the court (r 4(1)). Confirm which Joint Criminal Rules forms apply to the specific provision.
If the bail authority is not a court (for example a police sergeant), use the Schedule 1 forms prescribed in the Regulations and ensure completion per r 4(3).
When refusing bail, complete Form 2 to create the written record of reasons, provide a copy to the applicant, and obtain the acknowledgement of receipt (Schedule 1 Form 2).
Where varying or revoking firearm-related conditions (s 11(1)) or child-related work conditions (s 11(2ab)), complete Forms 10 or 11 as applicable and include detailed reasons consistent with the Act’s requirements (Schedule 1 Forms 10 and 11; notes).
Ensure all forms are retained in court or police records and are accessible for review and audit.

For applicants and guarantors (information and actions):

Applicants should ensure they receive the section 13 statement in the form prescribed by Schedule 2. If the applicant’s native language is not English, request a translated version as permitted by r 6(2).
Applicants must complete Form 1 when applying for bail and provide accurate personal details; if granted bail, engage with the bail agreement (Form 4) and ensure understanding of mandatory conditions, for example prohibition on possessing firearms and submission to gunshot residue testing (notes to Form 4 referencing s 11(1) and s 11(1a)).
Guarantors should complete Form 5 and understand their liabilities, including the financial undertaking and the statutory duty to inform police of known or reasonably suspected breaches (Schedule 1 Form 5 and notes). If circumstances change, use Form 8 to apply to vary or revoke the guarantee.

Recordkeeping, audit and legal review:

Maintain contemporaneous records of all notices, service methods, licence checks, return refusals, storage cost invoices, and chain of custody documents. These will be evidence of compliance with r 5 procedural steps and will be central to defending enforcement and forfeiture decisions.
Cross-check any surrender/return actions against the Firearms Act 1977 and any existing prohibition orders affecting the individual, before permitting return to the individual.
For matters involving offences listed under r 3A as "terrorist offence" kinds, assess the impact on bail presumptions and whether special circumstances must be proved by the applicant under s 10A of the Bail Act.

Operational and risk management:

Adopt a written internal procedure for r 5 compliance that sets out timelines for notice, licence-checking workflow, decision templates for refusal or forfeiture, and cost-recovery calculation methods.
Train front-line staff on the permitted methods of service under r 5(13), and ensure Electronic Service records are retained where used.
Review storage facilities and cost models to document what will be claimed as "reasonable costs" under r 5(10) and be prepared to justify those costs in review or judicial contexts.
Keep a consolidated set of the current Regulations and Joint Criminal Rules 2022 forms, and update local templates when the Regulations are amended,forms have been substituted and reinserted in prior amendments, so reliance on old templates may cause invalid practice.

Following the above steps will align practice with the Regulations’ prescriptive form, notification and retention rules, and will reduce the risk of procedural challenges, unintended forfeiture or disputes about return and storage costs.

Bail Regulations 2015

Plain English Summary

Deep Dive

What it does

Current sections

Bail Regulations 2015

Source text: opening excerpt

1 Bail Regulations 2015

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply