South Australian Current Acts

BAIL ACT 1985 - SECT 10

10—Discretion exercisable by bail authority

        (1)         If 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—

            (a)         the gravity of the offence in respect of which the applicant has been taken into custody; and

            (b)         the likelihood (if any) that the applicant would, if released—

                  (i)         abscond; or

                  (ii)         offend again; or

                  (iii)         interfere with evidence, intimidate or suborn witnesses, or hinder police inquiries; or

                  (iv)         commit a breach of an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 ; and

            (d)         any need that the applicant may have for physical protection; and

            (e)         any medical or other care that the applicant may require; and

            (f)         any previous occasions on which the applicant may have contravened or failed to comply with a term or condition of a bail agreement; and

            (g)         any other relevant matter,

the bail authority considers that the applicant should not be released on bail.

        (2)         If 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.

        (3)         If 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.

        (4)         Despite 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.