South Australian Current Acts South Australian Current Acts (1) Subject to this
section, if—
(a) an
arrested person makes an application for release on bail to a police officer
or a court constituted of justices; and
(b) the
person is dissatisfied with the decision made on the application; and
(c)
there is no magistrate in the vicinity immediately available to review the
decision,
the 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.
(2)
Subsection (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:
(a) an
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;
(b) an
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.
(3) If 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.
(4) If, 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.
(5) 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.
(6) If a magistrate is
contacted under subsection (1), the following provisions apply:
(a) the
magistrate must make such inquiries as the magistrate thinks necessary to
satisfy himself or herself of the genuineness of the application for review;
(b) the
police officer or justices who made the telephone contact must explain to the
magistrate—
(i)
the circumstances of the application for bail; and
(ii)
the nature of the decision made on the application; and
(iii)
the reasons for that decision;
(c) the
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—
(i)
of the grounds and circumstances of the application for
bail; and
(ii)
of the reasons for the applicant's dissatisfaction with
the decision taken on the application; and
(iii)
if the applicant is a child—of the circumstances of
the child;
(d) if
the decision that is the subject of the review was made by justices—the
magistrate must then speak with—
(i)
if 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
(ii)
if that police officer is not immediately
available—another police officer who is present and wishes to speak in
relation to the application for review;
(e) the
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.
(7) For the purposes
of subsection (2), an arrested person can be brought before the
Magistrates Court—
(a) in
person or by video link; or
(b) if
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.
(8) In this
section—
"remote area", in relation to the situation of a police station or
designated police facility, means—
(a) 200
kilometres or more; or
(b) if
some other distance is prescribed by the regulations for the purposes of this
definition—that distance,
from the nearest Magistrates Court.