South Australian Current Acts South Australian Current Acts (1) The following
persons are eligible for release on bail under this Act:
(a) a
person who has been taken into custody—
(i)
on a charge of an offence; or
(ii)
in the case of a child—on suspicion of having
committed an offence;
(b) a
person who has been convicted of an offence but has not been sentenced for
that offence;
(c) a
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;
(d) a
person who is appearing before a court for allegedly failing to observe a
condition of a recognizance;
(e) a
person who appears before a court in answer to a summons (including a person
who so appears as a witness);
(f) a
person who has been arrested on a warrant and is appearing or is to appear
before a court as a witness;
(g) a
person arrested on a warrant issued under section 19A;
(ga) a
person who has been arrested without warrant under section 19B;
(h) a
person who is no longer a serious and organised crime suspect because of the
operation of section 3A(2);
(i)
a person who has ceased to be a terror suspect.
(1a) A 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).
(1b) A 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).
(2) If 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.
(3) Where 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.