South Australian Current Regulations South Australian Current Regulations|
Form 1 |
Application for release on bail |
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Form 2 |
Written record of reasons for refusal of bail application |
|
Form 3 |
Grant of bail |
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Form 4 |
Bail agreement |
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Form 5 |
Guarantee of bail |
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Form 7 |
Application to vary conditions of bail agreement |
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Form 8 |
Application to vary terms of guarantee of bail |
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Form 9 |
Notice of withdrawal of application for review of decision of bail authority |
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Form 10 |
Written record of reasons—section 11(1c) |
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Form 11 |
Written record of reasons—section 11(2ad) |
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Form 12 |
Direction to surrender firearms and ammunition |
Form 1—Application for release on bail
(section 8(1))
Application for release on bail
I, [Insert full name] (the applicant) apply for bail.
Date of birth of applicant:
Signature of applicant:
Date of application:
Time of application:
Decision of bail authority
Tick appropriate box
☐ Bail refused (The bail authority must make a written record of the
reasons for its decision)
☐ Bail granted (Form 4 Bail Agreement must be completed)
Bail Authority:
• If the bail
authority is a police officer—the police officer's surname, rank and
police identification number:
• If the bail
authority is not a police officer—the full name of the bail authority:
Bail authority's signature:
Date:
Time:
Form 2—Written record of reasons for refusal of bail application
(section 12)
Bail applicant (insert full name):
1 In refusing bail,
the following offences were taken into consideration:
2 It is likely that
the applicant would abscond if released on bail for the following reasons
(provide relevant details):
(a)
history of prior breaches of bail:
(b) lack
of fixed address:
(c) lack
of social or other ties:
(d) any
other reason:
3 It is likely that
the applicant would offend again if released on bail for the following reasons
(provide relevant details):
(a)
prior offences:
(b)
other reasons that make the applicant likely to re-offend:
4 There is a
presumption against bail under section 10A of the Bail Act 1985 in
relation to which the applicant has not established—
(a) the
existence of special circumstances justifying his or her release on bail
(provide relevant details); or
(b) in
the case of a serious and organised crime suspect—a lack of prior
conviction for a serious and organised crime offence (including such an
offence in another jurisdiction) (provide relevant details):
5 Other reasons for
refusing bail are (eg: interference with evidence or witnesses, hindering
police enquiries etc):
Bail Authority (include surname, rank and police identification number):
Bail authority's signature:
Date:
Time:
Note—
The applicant must be given a copy of this form
Acknowledgment of receipt
I acknowledge that I have been provided with a copy of the reasons for the
refusal of my application to be released on bail.
Applicant's signature:
Date:
Time:
Form 3—Grant of bail
[Insert full name] (the person ) has been granted bail subject to the
conditions listed below and stipulated in the bail agreement (see Form 4).
Conditions of bail 1-4
[Insert bail conditions]
Bail Authority:
• If the bail
authority is a police officer—the police officer's surname, rank and
police identification number:
• If the bail
authority is not a police officer—the full name of the bail authority:
Signature of bail authority:
Date:
Time:
Notes—
1 Section 11(1a) of the Act provides that a
bail authority may only vary or revoke the conditions of a grant of bail under
section 11(1) of the Act if the bail authority is satisfied that—
(a)
there are cogent reasons for doing so; and
(b) the
possession of a firearm, ammunition or part of a firearm by the person to whom
the bail agreement relates does not represent an undue risk to the safety of
the public.
If a bail authority varies or revokes a condition imposed by
section 11(1) of the Act, the bail authority must make a written record
of the reasons for its decision.
2 Section 11(2ab) of the Act provides that if
the person is a class 1 or class 2 offence suspect (within the
meaning of the Child Sex Offenders Registration Act 2006 ), any grant of
bail to the applicant must, subject to that section, be made subject to the
following conditions:
(a) a
condition that the applicant agrees not to engage in child-related work;
(b) a
condition that the applicant agrees not to apply for child-related work.
A bail authority may only vary or revoke these conditions if satisfied that
there are cogent reasons for doing so and the person engaging in child-related
work will not pose a risk to the safety and well-being of children.
If a bail authority varies or revokes a condition imposed by
section 11(2ab) of the Act, the bail authority must make a written record
of the reasons for its decision.
Details of guarantor(s)
Name in full:
Address:
Form 4—Bail agreement
Part A
I, [insert full name] of [insert address] being charged with/convicted of/*
the following offences [insert offences] :
Agree to be present at [insert name of court] at [insert time] on [insert
date] , or at any other time when called on and, subject to any direction in
this agreement to the contrary, to be present throughout all proceedings
relating to this matter until the matter is disposed of.
Directions as to attendance at proceedings [insert]
I agree to comply with all of the conditions of bail listed in this agreement.
I understand that if I do not appear when required, or if I fail to comply
with a condition of bail—
• I may be
arrested with or without a warrant; and
• I may have to
pay any money that I have agreed to pay to the Crown if I breach this
agreement; and
• I may be
convicted of an offence against the Bail Act 1985 and liable to a
maximum penalty of a fine of $10 000 or 2 years imprisonment.
Conditions of bail 1-7
[Insert bail conditions]
Signature of person entering agreement:
Date:
Time:
Witnessed by authorised person 8 :
Signed:
Title, rank or other authorisation:
Date:
Time:
* Strike out whichever does not apply .
Notes—
1 Section 11(6) of the Act provides that it
is a condition of every bail agreement that the person released under the
agreement will not leave the State for any reason—
• if the person
is under the supervision of an officer of a government
department—without the permission of the Chief Executive Officer of the
department;
• in any other
case—without the permission of a judge or magistrate, or police officer
who is of or above the rank of sergeant or the responsible officer for a
police station.
2 Section 11(1)(a) of the Act provides that
it is a condition of every grant of bail that an applicant is prohibited from
possessing a firearm, ammunition or any part of a firearm.
3 Section 11(1)(b) of the Act provides that
it is a condition of every grant of bail that the applicant submit to such
tests (including testing without notice) for gunshot residue as may be
reasonably required by the bail authority, or a person or class of persons or
body specified by the bail authority.
4 Section 11(1a) of the Act provides that a
bail authority may only vary or revoke the conditions of a grant of bail under
section 11(1) of the Act if the bail authority is satisfied that—
• there are
cogent reasons for doing so; and
• the possession
of a firearm, ammunition or part of a firearm by the person to whom the bail
agreement relates does not represent an undue risk to the safety of the
public.
If a bail authority varies or revokes a condition imposed by
section 11(1) of the Act, the bail authority must make a written record
of the reasons for its decision.
5 Section 11(2ab) of the Act provides that if
the person is a class 1 or class 2 offence suspect (within the
meaning of the Child Sex Offenders Registration Act 2006 ), any grant of
bail to the applicant must, subject to that section, be made subject to the
following conditions:
(a) a
condition that the applicant agrees not to engage in child-related work;
(b) a
condition that the applicant agrees not to apply for child-related work.
A bail authority may only vary or revoke these conditions if satisfied that
there are cogent reasons for doing so and the person engaging in child-related
work will not pose a risk to the safety and well-being of children.
If a bail authority varies or revokes a condition imposed by
section 11(2ab) of the Act, the bail authority must make a written record
of the reasons for its decision.
6 The authorised person may be the bail authority,
a person or person of a class specified by the bail authority, a justice, a
police officer who is of or above the rank of sergeant or the responsible
officer for a police station or, if the person is in prison, the person in
charge of the prison.
Part B: To be completed by bail authority if a condition of bail is altered
Date:
Bail Authority:
• If the bail
authority is a police officer—the police officer's surname, rank and
police identification number:
• If the bail
authority is not a police officer—the full name of the bail authority:
Details of new condition:
Signature of bail authority:
Signature of person granted bail:
Signature of guarantor:
Form 5—Guarantee of bail
(section 7(2))
Guarantee of bail
I, [insert full name] , of [insert address] guarantee that [insert name of
person to be released on bail] (the person ) will comply with—
* all of the terms and
conditions of the person's bail agreement; OR
* those terms and
conditions of the person's bail agreement specified in this guarantee ( see
below ).
* Strike out whichever does not apply.
I undertake that, if the person fails to comply with a term or condition of
the bail agreement to which this guarantee relates, I will forfeit to the
Crown the sum of $ [insert amount] .
I declare—
(a) that
I know [insert name of the person] ; and
(b) that
I am of or above the age of 18 years; and
(c) that
I have been given a copy of the bail agreement in relation to which this
guarantee is given; and
(d) that
I will ensure that the person to be released on bail will comply with the
terms and conditions of the person's bail agreement in relation to which this
guarantee is given.
I understand—
(a) that
if I know, or have reasonable grounds to suspect, that the person has failed
to comply with a term or condition of the bail agreement in relation to which
this guarantee is given, I am required to take reasonable steps to inform a
police officer that the failure has, or may have, occurred and, if I fail to
do so, then, in addition to the amount I have undertaken to forfeit to the
Crown, I may also be liable to a fine of up to $1 250; and
(b) that
this guarantee is in force for so long as the person is on bail, subject to
the terms of this guarantee being varied or the guarantee being revoked.
Terms and conditions of bail agreement specified for the purposes of this
guarantee:
Guarantor's signature:
Date:
Time:
Signature of authorised person 1 witness:
Title, rank or other authorisation of witness:
Date:
Time:
1 The authorised person who witnesses the
guarantor's signature may be the bail authority, a person or person of a class
specified by the bail authority, a justice, a police officer who is of or
above the rank of sergeant or the responsible officer for a police station or,
if the person is in prison, the person in charge of the prison.
Form 7—Application to vary conditions of bail agreement or to revoke
bail agreement
[Insert full name of person released on bail] of [insert address] is charged
with/has been convicted of* [insert offence(s)] and was granted bail on
[insert date] .
I, [insert name of applicant] of [insert address] apply to [insert name of
bail authority] at [insert location] to—
* vary the conditions
of the bail agreement
* revoke the bail
agreement
I make this application on the following grounds: [insert grounds]
Applicant's signature:
Date:
* Strike out whichever does not apply.
Form 8—Application to vary terms of guarantee of bail or to revoke
guarantee of bail
(section 7(4))
[Insert full name of person released on bail] of [insert address] is charged
with/has been convicted of* [insert offence(s)] and was granted bail on
[insert date] .
I, [insert name of guarantor] of [insert address] apply to [insert name of
bail authority] at [insert location] to—
* vary the terms on my
guarantee of bail
* revoke my guarantee
of bail
I make this application on the following grounds:
Guarantor's signature:
Date:
* Strike out whichever does not apply.
Form 9—Notice of withdrawal of application for review of decision of
bail authority
(section 16(2))
The Crown advises that the application to review the decision made on [insert
date] by [insert name of bail authority] to grant bail to [insert full name of
person] of [insert address] is withdrawn.
Signature of person acting on behalf of Crown:
Full name of person acting on behalf of Crown:
Date:
Time:
Form 10—Written record of reasons—section 11(1c)
(section 11(1c))
Bail applicant : 1 [insert full name]
Condition of bail to be varied or revoked:
Details of variation if condition is to be varied: [specify as required]
The condition/s* of bail under section 11(1) of the Bail Act 1985 2
are varied/revoked* for the following reasons 3 : [specify reasons]
Bail Authority (include surname, rank and police identification number):
Signature of bail authority:
Date:
Time:
* Strike out whichever does not apply .
Notes—
1 Section 11(1) of the Act provides that
every grant of bail is subject to a condition prohibiting the applicant from
possessing a firearm, ammunition or any part of a firearm and a condition
requiring the applicant to submit to such tests (including testing without
notice) for gunshot residue as may be reasonably required by the bail
authority, or a person or class of persons or body specified by the bail
authority.
2 Section 11(1a) of the Act provides that a
bail authority may only vary or revoke the conditions imposed by
section 11(1) of the Act if satisfied that—
• there are
cogent reasons to do so; and
• the possession
of a firearm, ammunition or part of a firearm by the person to whom the bail
agreement relates does not represent an undue risk to the safety of the
public.
3 Section 11(1c) of the Act provides that if
a bail authority varies or revokes a condition imposed by section 11(1),
the bail authority must make a written record of the reasons for its decision.
Form 11—Written record of reasons—section 11(2ad)
(section 11(2ad))
Bail applicant : 1 [insert full name]
Condition of bail to be varied or revoked:
Details of variation if condition is to be varied: [specify as required]
The condition/s* of bail under section 11(2ab) of the Bail Act 1985
2 are varied/revoked* for the following reasons 3 : [specify reasons]
Bail Authority (include surname, rank and police identification number):
Signature of bail authority:
Date:
Time:
* Strike out whichever does not apply .
Notes—
1 Section 11(2ab) of the Act provides that every
grant of bail in relation to a person who is a class 1 or class 2 offence
suspect is subject to a condition prohibiting the applicant from engaging in
or applying for child-related work (within the meaning of the
Child Sex Offenders Registration Act 2006 ).
2 Section 11(2ac) of the Act provides that a
bail authority may only vary or revoke the conditions imposed by
section 11(2ab) of the Act if satisfied that—
• there are
cogent reasons to do so; and
• the person
engaging in child-related work will not pose a risk to the safety and
well-being of children.
3 Section 11(2ad) of the Act provides that if
a bail authority varies or revokes a condition imposed by section 11(1),
the bail authority must make a written record of the reasons for its decision.
Form 12—Direction to surrender firearms and ammunition
(section 11A(1))
[Insert full name] has been granted bail subject to the conditions stipulated
in the bail agreement (see Form 4).
Pursuant to section 11A(1) of the Bail Act 1985 , I [insert name of
bail authority] direct [specify name of person who has been granted bail] to
surrender any firearm, ammunition, or part of a firearm owned by you or in
your possession forthwith to [specify location of police station] .
Bail Authority:
• If the bail
authority is a police officer—the police officer's surname, rank and
police identification number:
• If the bail
authority is not a police officer—the full name of the bail authority:
Signature of bail authority:
Date:
Time:
Note—
Section 11A(2) of the Act provides that a person who refuses or fails to
comply with a direction under section 11A(1) is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.