South Australian Current Acts South Australian Current Acts (1) A guarantee of
bail is an agreement with the Crown under which a person—
(a)
guarantees that a person released under a bail agreement will comply
with—
(i)
all the terms and conditions of the agreement; or
(ii)
such of the terms and conditions of the agreement as are
specified in the guarantee; and
(b)
undertakes that, if that person fails to comply with a term or condition of
the bail agreement to which the guarantee relates, he or she (the guarantor)
will forfeit to the Crown the sum (if any) specified in the guarantee.
(2) A guarantee of
bail 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) A guarantee of
bail may be entered into before the bail authority granting bail 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 who is to be released on bail is in a training centre—the
manager of the training centre; or
(c) if
the person who is to be released on bail 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) A bail authority
may for any sufficient reason, on the application of a guarantor, vary the
terms of the guarantee or revoke the guarantee.
(5) If a
bail authority varies or revokes a guarantee, the bail authority may make such
consequential variation of the terms of the bail agreement, or revoke the bail
agreement, as appears appropriate in the circumstances.
(6) A guarantor of
bail must be of or above the age of 18 years.