South Australian Numbered Acts

STATUTES AMENDMENT (SERIOUS AND ORGANISED CRIME) ACT 2012 (NO 12 OF 2012) - SECT 9

9—Insertion of section 3A

After section 3 insert:

3A—Serious and organised crime suspects

        (1)         A bail authority may determine that a person is a "serious and organised crime suspect for the purposes of this Act if the bail authority is satisfied, on application by the Crown, that—

            (a)         the person has been charged with a serious and organised crime offence; and

            (b)         the person was not, at the time of the alleged offence, a child; and

            (c)         the grant of bail to the person is likely to cause a potential witness, or other person connected with proceedings for the alleged offence, to reasonably fear for his or her safety.

        (2)         A determination by a bail authority that a person taken into custody on a charge of an offence is a serious and organised crime suspect ceases to apply after 6 months if, at that time—

            (a)         the person has not been tried, or is not on trial, for the offence; and

            (b)         the trial of the offence is not subject to a determination of the Supreme Court or the District Court under section 275(3) of the Criminal Law Consolidation Act 1935 .

        (3)         Subsection (2) does not affect the operation of a bail agreement to which the person is subject at the time at which the determination ceases to apply.

Note—

The person is, however, eligible to reapply for bail—see section 4(1)(h).