South Australian Current Acts South Australian Current Acts (1) Subject to this
Act, every grant of bail is subject to the following conditions:
(a) a
condition prohibiting the applicant from possessing a firearm, ammunition or
any firearm part;
(b) 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.
(1a) A bail authority
may only vary or revoke the conditions imposed by subsection (1) if the
bail authority is satisfied that—
(a)
there are cogent reasons to do so; and
(b) the
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.
(1b) A bail authority
that is a court can only be satisfied of the matters referred to in
subsection (1a) by evidence given on oath.
(1c) If 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.
(1d) Subject to this
section, a bail authority may impose 1 or more of the conditions referred
to in subsection (2).
(2) The conditions
that may be imposed in relation to the grant of bail are as follows:
(i)
to reside at a specified address; or
(ia) to
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:
(A) remunerated employment; or
(B) necessary medical or dental treatment
for the applicant; or
(C) averting or minimising a serious risk
of death or injury (whether to the applicant or some other person); or
(D) any other purpose approved by a
community corrections officer; or
(ii)
if 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
(iii)
to be under the supervision of a
community corrections officer and to obey the lawful directions of the
officer; or
(iv)
to report to the police at a specified place and at
specified times; or
(v)
to surrender any passport that the applicant may possess;
or
(vi)
to comply with any other condition as to the applicant's
conduct that the authority considers should apply while on bail;
(b) that
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;
(c) that
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;
(d) that
the applicant provide security of a specified amount or value to secure
payment of a monetary forfeiture agreed to under paragraph (c);
(e) that
the applicant obtain specified guarantees, or guarantees of a specified
nature;
(f) that
a guarantor provide security of a specified amount or value to secure payment
of a stipulated monetary forfeiture.
(2aa) If the applicant
is a serious and organised crime suspect, any grant of bail to the
applicant—
(a) must
be made subject to the following conditions:
(i)
a 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:
(A) necessary medical or dental treatment
for the applicant;
(B) averting or minimising a serious risk
of death or injury (whether to the applicant or some other person);
(C) any other purpose approved by the
Chief Executive Officer;
(ii)
a 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;
(iii)
a 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;
(iv)
a 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
(b) may
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)).
(2ab) If 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:
(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.
(2ac) A bail authority
may only vary or revoke conditions imposed in accordance with
subsection (2ab) if the bail authority is satisfied that—
(a)
there are cogent reasons to do so; and
(b) the
applicant engaging in child-related work will not pose a risk to the safety
and well being of children.
(2ad) If 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.
(2ae) If 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:
(a) the
condition referred to in subsection (2)(a)(ia);
(b) a
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,
and may be made subject to any other conditions referred to in
subsection (2).
(2af)
Subsection (2ae) does not apply if the applicant was a child at the time
of the alleged offence.
(2a) In 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.
(3) A 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.
(3a) Before 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—
(a) in
the case of a condition under subsection (2)(a)(ia)—the
appropriateness of such a condition being imposed in the applicant's case; or
(b) in
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.
(4) A 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.
(5) A
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.
(6) It is a condition
of every bail agreement that the person released under the agreement will not
leave the State for any reason—
(a) if
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
(c) in
any other case—
(i)
if the bail authority is a court—without the
permission of a judge or magistrate; or
(ii)
if the bail authority is a police officer—without
the permission of a police officer who is—
(A) of or above the rank of sergeant; or
(B) the responsible officer for a police
station.
(7) A condition
imposed under this section must be stipulated in the bail agreement.
(7a) If 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.
(7b) A person must not
hinder a person referred to in subsection (7a) in the exercise of powers
under that subsection.
Maximum penalty: $2 500.
(8) If 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—
(a)
requiring that person to report to the officer on a regular basis; or
(b)
requiring that person to notify the officer of any change in the person's
place of residence, or in the person's employment; or
(c) on
any other matter stipulated by the bail authority.
(a) a
bail authority imposes a condition under this section; but
(b) the
applicant remains in custody because the condition is not fulfilled,
the 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.
(10) A bail authority
may, on a review of a condition under subsection (9)—
(a)
confirm, vary or revoke the condition; and
(d)
impose any other condition under this section that the bail authority thinks
fit.
(11) If a
bail authority imposes a condition requiring a person—
(a) to
remain at a particular place of residence while on bail; or
(b) to
be under the supervision of a community corrections officer,
the bail authority must ensure that a copy of the bail agreement is furnished
to the relevant responsible Minister.
(12) A condition of
bail may relate to a place or circumstances outside the State.
(13) In this
section—
"child-related work" has the same meaning as in the Child Sex Offenders
Registration Act 2006 ;
"class 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 );
"class 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 ).