South Australian Current Acts South Australian Current Acts (1) Subject to
subsection (1a), an application of a person for release on bail—
(a)
must—
(i)
if the bail authority is a court—be in a form
determined by that court; or
(ii)
in any other case—be in the prescribed form; and
(b) must
contain the prescribed information; and
(c) must
be made in accordance with any procedure prescribed by the regulations; and
(d)
must, if the bail authority is a court, be made to the Supreme Court, the
District Court or the Magistrates Court in accordance with the rules
regulating the making of bail applications under the Supreme Court
Act 1935 , the District Court Act 1991 or the Magistrates Court
Act 1991 (as the case requires).
(1a) An application
for release on bail need not be made in accordance with
subsection (1)—
(a) if
the bail authority is satisfied that a less formal application should be
permitted in view of the applicant's illiteracy, imperfect command of the
English language, intellectual limitations or for any other proper reason; or
(b) if
the bail authority has access to an application previously made by the
applicant and considers that a further written application is unnecessary.
(2) A person who has
the custody of an eligible person must, at the request of that person—
(a)
afford such assistance as that person reasonably requires to complete a
written application for release on bail; and
(b) if
the custodian is not a bail authority—transmit the application as soon
as practicable to a bail authority.
(2a) If the
eligible person is a child, a request may be made on behalf of the child under
subsection (2) by a guardian of the child.
(3) If a written
application for release on bail comes before a bail authority for
determination, the bail authority may proceed to consider and determine the
application despite the fact that the application was made in the first
instance to some other bail authority.