South Australian Current Acts South Australian Current Acts (1) A bail agreement
with a person who has been charged with, or convicted of, an offence is an
agreement under which that person makes an undertaking to the Crown—
(a)
subject to any directions in the agreement to the contrary, to be present
throughout all proceedings—
(i)
if the person has not been convicted of the
offence—that are committal proceedings relating to the charge or that
relate to the hearing and determination of the charge;
(ii)
if the person is convicted of the offence—relating
to sentencing and to any appeal from, or review of, the conviction or any
sentence; and
(b) to
comply with any conditions as to the person's conduct while on bail stipulated
in the agreement; and
(c) if
the agreement so provides—to forfeit to the Crown a sum stipulated in
the agreement if the person fails, without proper excuse, to comply with a
term or condition of the agreement.
(1a) For the purposes
of subsection (1)—
(a) a
child who has been arrested on suspicion of having committed an offence will,
for so long as no charge is actually laid against the child, be taken to have
been charged with that suspected offence; and
(b) if
the child is not charged with that suspected offence but with some other
offence arising out of the same circumstances as that suspected
offence—a bail agreement entered into by the child relates to that other
offence.
(1b) A bail agreement
with 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) is an agreement under which that person
makes an undertaking to the court—
(a) to
be present at the proceedings in accordance with the terms of the agreement;
and
(b) to
comply with any conditions as to the person's conduct while on bail stipulated
in the agreement; and
(c) if
the agreement so provides—to forfeit to the Crown a sum stipulated in
the agreement if the person fails, without proper excuse, to comply with a
term or condition of the agreement.
(2) A bail agreement
must—
(a) if
the bail authority is a court—be in a form determined by that court; or
(b) in
any other case—be in the prescribed form.
(3) If a
bail authority decides to release a person on bail, the bail agreement may be
entered into before the bail authority or, unless the bail authority otherwise
directs, before—
(a) a
justice; or
(b) a
police officer who is—
(i)
of or above the rank of sergeant; or
(ii)
the responsible officer for a police station; or
(ba) if
the person is in a training centre—the manager of the training centre;
or
(c) if
the person is in prison—the person who is in charge of the prison; or
(ca) a
registrar or deputy registrar of a court; or
(d) any
other person specified by the bail authority or any other person of a class
specified by the bail authority.
(4) Despite the
provisions of any other Act, a bail authority may for any sufficient
reason—
(a) on
the application of a person on bail or the Crown, or on its own
initiative—
(i)
vary the conditions of a bail agreement; or
(ii)
revoke a bail agreement and, if it is necessary to do so,
issue a warrant for the arrest of the person who was released under the
agreement; or
(b) on
the application of the Crown, or on its own initiative—issue a warrant
for the arrest of a person who was released under a bail agreement.
(5) On the arrest of a
person to whom subsection (4)(b) applies, the bail agreement of that
person is taken to be revoked.
(6)
Subsection (5) ceases to apply to the person arrested if that person is
later released unconditionally.
(7) A warrant for the
arrest of a person under subsection (4)(a)(ii) or (4)(b) cannot be
issued by a police officer.