Bail SA: Bail Applications, Conditions and Home Detention Bail
Bail in South Australia
The first bail application often decides how someone spends the months before trial. Talon Legal makes bail applications at the police station, in the Magistrates Court and in the Supreme Court, including home detention bail and applications for people the Bail Act treats as prescribed applicants. Book a same-day free 30-minute consultation or call (08) 7094 2021 now.
Bail SA snapshot
| Issue | Position in South Australia |
|---|---|
| Governing law | The Bail Act 1985 (SA), version in force from 16 February 2026. |
| Who decides bail | A bail authority: a police officer of or above the rank of sergeant, or the officer in charge of a police station, before a first court appearance or on most warrants; and the Magistrates Court, the Youth Court, the District Court and the Supreme Court (section 5). |
| The starting point | For a person charged but not convicted, the bail authority should release on bail unless, having regard to the matters in section 10(1), it considers the person should not be released. The Supreme Court calls this a presumption in favour of bail. |
| What is weighed | The gravity of the offence; the likelihood of absconding, reoffending, interfering with evidence or witnesses, or breaching an intervention order; any need for physical protection; medical or other care; past breaches of bail; and any other relevant matter (section 10(1)). |
| Victims | Primary consideration must be given to the need a victim may have, or perceive, for physical protection from the applicant (section 10(4)). |
| Prescribed applicants | For the offences listed in section 10A, including choking in a domestic setting, intervention order contraventions involving violence or threats, serious firearm offences and threats to witnesses, bail is refused unless the applicant establishes special circumstances. |
| Automatic conditions | Every grant of bail prohibits possessing a firearm, ammunition or a firearm part and requires gunshot residue testing as reasonably required (section 11(1)). |
| Home detention bail | Living at a set address and leaving only for work, medical or dental treatment, a serious risk of death or injury, or a purpose a community corrections officer approves (section 11(2)(a)(ia)). It needs the Crown's application or consent (section 11(3)). |
| First court appearance | A person arrested and not released must be brought before the Magistrates Court, or the Youth Court for a child, by 4 pm on the next working day (section 13(3)). |
| Unmet conditions | A person who stays in custody because a condition cannot be met must be brought back for a review of the condition within five working days (section 11(9)). |
| Reviews | A Crown indication that it will seek review defers release for up to 72 hours unless a longer period is fixed (section 16). Reviews go to a magistrate or the Supreme Court (sections 14 and 15A). |
| Breaching bail | Up to $10,000 or 2 years imprisonment, but never more than the maximum for the principal offence (section 17). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
How does bail work in South Australia?
Bail in South Australia is governed by the Bail Act 1985 (SA). This page states the law current to 5 November 2026, using the version of the Act in force from 16 February 2026. A bail agreement is an undertaking to the Crown to attend court, and the conditions of bail are written into it (sections 6 and 11(7)). Breaking a term or condition without reasonable excuse is an offence (section 17).
This page covers applying for bail, the conditions a court can set and home detention bail. Detailed guides cover bail reviews in the Supreme Court and before a magistrate and breach of bail. Bail often runs alongside an intervention order or a domestic violence charge, and both carry their own rules. This page sits within our Criminal Defence practice.
Free Consultation. If someone you know has just been arrested, the application can often be made the same day or the next morning. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- Which bail issue are you facing?
- Who can grant bail?
- What does a court weigh when deciding bail?
- When does the law presume against bail?
- What conditions can be attached to bail?
- How does home detention bail work?
- What are guarantees and money conditions?
- Can bail be varied or revoked?
- What happens if bail is refused?
- How does bail work for children?
- Can you get bail after a guilty plea or pending an appeal?
- What has changed recently?
- How similar applications tend to play out
- How we run a bail application
- Bail case law in South Australia
- Frequently asked questions
Which bail issue are you facing?
Start with where the matter is now. Each guide covers the provisions, the cases and the practical steps for that stage.
Getting released
Applying for bail
Section 10. The presumption in favour of bail and the matters a court weighs.
Home detention bail
Section 11(2)(a)(ia). Living at a set address with permitted absences only.
When bail is refused or presumed against
Bail reviews
Sections 14, 15A and 16. A fresh hearing before a magistrate or the Supreme Court.
Prescribed applicants and special circumstances
Section 10A. When bail is refused unless special circumstances are shown.
After release
Breach of bail
Section 17. The offence, the penalty cap and forfeiture.
Intervention orders
Often issued at the same time as bail, with separate conditions and separate penalties.
Who can grant bail?
Section 5 makes these bodies bail authorities: the Supreme Court, the District Court, the Magistrates Court and the Youth Court, and a police officer of or above the rank of sergeant, or the officer in charge of a police station. A police officer can only grant bail if the person was arrested on a warrant that does not exclude police bail, or has not yet appeared in court on the charge (section 5(1)(e)).
The people eligible to apply are listed in section 4. They include a person taken into custody on a charge, a person convicted but not yet sentenced, and a person who has been sentenced but has not exhausted rights of appeal or review. A person detained under the Summary Offences Act 1953 for the investigation of an offence is not eligible until that detention ends (section 4(2)).
Section 13 sets the procedure after an arrest. Police must take reasonable steps so that the arrested person understands they can apply for bail, and give them a written statement explaining how, with the application form (section 13(1)). A person who is not released must be brought before the Magistrates Court, or the Youth Court for a child, as soon as reasonably practicable and no later than 4 pm on the next working day (section 13(3)). The court must ask whether the person wants to apply and give a reasonable opportunity to do so (section 13(4)). The appearance can be by video link (section 13(5)).
What does a court weigh when deciding bail?
For a person charged but not convicted, section 10(1) says the bail authority should release the applicant on bail unless, having regard to the listed matters, it considers the applicant should not be released. The Supreme Court has described this as a presumption in favour of bail, with release as the starting point (R v K [2017] SASC 6 at [33]).
The matters in section 10(1) are:
| Matter | Section |
|---|---|
| The gravity of the offence | 10(1)(a) |
| The likelihood (if any) that the applicant would abscond | 10(1)(b)(i) |
| The likelihood that the applicant would offend again | 10(1)(b)(ii) |
| The likelihood of interfering with evidence, intimidating or suborning witnesses, or hindering police inquiries | 10(1)(b)(iii) |
| The likelihood of breaching an intervention order | 10(1)(b)(iv) |
| Any need the applicant has for physical protection | 10(1)(d) |
| Any medical or other care the applicant needs | 10(1)(e) |
| Previous breaches of bail agreements | 10(1)(f) |
| Any other relevant matter | 10(1)(g) |
“The likelihood (if any)” does not mean the prosecution must show an event is more likely than not. The Supreme Court has held that the greater the likelihood, the more readily the presumption is displaced (R v H, IM [2006] SASC 94 at [14] to [15]).
Where there is a victim, section 10(4) requires the bail authority to give primary consideration to the victim’s need, real or perceived, for physical protection. That does not reverse the onus, and not every need for protection requires refusal (R v Dunstan [2010] SASC 12 at [13]). For a charge of dealing with child sexual material, section 10AA adds that the gravity of the offence includes the harm such dealing causes to children by contributing to demand for abuse.
Strong conditions are often the answer to a risk. A proposed address away from the complainant, a guarantor, reporting, a curfew or home detention can turn a refusal into a grant.
When does the law presume against bail?
Section 10A reverses the presumption for a “prescribed applicant”. Bail is not to be granted unless the applicant establishes special circumstances justifying release (section 10A(1)). The list in section 10A(2) is long. These are the categories that come up most:
| Prescribed applicant | Section 10A(2) |
|---|---|
| Taken into custody for choking, suffocation or strangulation in a domestic setting (section 20A of the Criminal Law Consolidation Act 1935) | (d)(i) |
| Taken into custody for contravening an intervention order where the conduct involved physical violence or a threat of physical violence | (ba) |
| Charged with an aggravated offence of violence or threatened violence where the aggravating circumstance is a contravention of a court's intervention order, and the offence was within the conduct the order was designed to prevent | (ca) |
| Taken into custody for breaching a bail condition imposed for the physical protection of a victim | (b) |
| Taken into custody for a serious firearm offence | (e) |
| Taken into custody for murder, causing a bushfire, blackmail, threats or reprisals against people involved in criminal investigations or judicial proceedings, or threats or reprisals against public officers (sections 11, 85B, 172, 248 and 250 of the Criminal Law Consolidation Act 1935) | (d) |
| Taken into custody for both a serious drug offence and a serious offence against the person | (f) |
| Certain police pursuit cases involving death or serious driving offences | (a) |
| A serious and organised crime suspect, or a terror suspect | (bb), (g) |
| A youth who is a recidivist young offender taken into custody for a serious offence | (i) |
“Special circumstances” is not defined. The Supreme Court gives the words their ordinary meaning and a wide and flexible approach, read with the presumption of innocence (R v Buhlmann [2010] SASC 123 at [23]). The primary question is whether the applicant’s circumstances place them outside the risk Parliament had in mind for that class of applicant (R v Lombardi [2013] SASC 61 at [22] and [24] to [25]).
The presumption is against all bail, including home detention bail, but the availability of home detention together with other matters can amount to special circumstances (Butler v The Queen [2020] SASC 74 at [14]). Delay before trial, an ended relationship, a complainant who has moved away and time already served on remand have all featured in successful applications. The bail reviews guide sets out those decisions.
A person is “taken into custody” for section 10A each time police apprehend them on suspicion of an offence, so a person already in custody can become a prescribed applicant on a later arrest. The Court of Appeal said the availability of bail depends first on the nature of the charges on which the person is in custody (Question of Law Reserved No 3 of 2023 [2024] SASCA 29 at [56]).
What conditions can be attached to bail?
Every grant of bail carries two conditions automatically: no possession of a firearm, ammunition or any firearm part, and submitting to gunshot residue testing as reasonably required (section 11(1)). A bail authority can vary or revoke those conditions only for cogent reasons and if possession would not be an undue risk to public safety, and a court can only be satisfied of that by sworn evidence (section 11(1a) and (1b)).
Other conditions the bail authority may impose are listed in section 11(2):
| Condition | Section |
|---|---|
| Reside at a specified address | 11(2)(a)(i) |
| Home detention: reside and remain at the address, with permitted absences only | 11(2)(a)(ia) |
| Conditions for the physical protection of a victim | 11(2)(a)(ii) |
| Supervision by a community corrections officer and obeying lawful directions | 11(2)(a)(iii) |
| Reporting to police at set places and times | 11(2)(a)(iv) |
| Surrendering any passport | 11(2)(a)(v) |
| Any other condition about conduct while on bail | 11(2)(a)(vi) |
| Written assurances from acceptable people who know the applicant | 11(2)(b) |
| Agreeing to forfeit a sum if a condition is broken without proper excuse, with or without security | 11(2)(c), (d) |
| Guarantees, and security from a guarantor | 11(2)(e), (f) |
There are limits. A condition other than one about conduct must be reasonably necessary to secure compliance with the bail agreement (section 11(4)), and a financial condition can only be imposed if non-financial conditions cannot do the job (section 11(5)). It is a condition of every bail agreement that the person does not leave the State without permission (section 11(6)).
Some categories attract mandatory conditions. A person charged with a class 1 or class 2 offence under the Child Sex Offenders Registration Act 2006 must agree not to engage in or apply for child-related work (section 11(2ab)). An adult charged under section 31(2aa)(b) of the Intervention Orders (Prevention of Abuse) Act 2009 (a contravention involving violence or a threat of violence) in respect of an order that is a recognised domestic violence order must be bailed on home detention with an electronic monitoring device (section 11(2ae) and (2af)). Section 29D of that Act treats local orders, interstate orders and registered foreign orders as recognised domestic violence orders.
A court granting bail can also require the person to undertake an intervention program and order an assessment for it (section 21B). Where a victim or another person feels a need for protection, police or the prosecutor must raise it, and a court can issue an intervention order in the bail proceedings themselves (section 23A).
How does home detention bail work?
Home detention bail is a condition to live at a specified address and remain there, leaving only for paid work, necessary medical or dental treatment, averting a serious risk of death or injury, or another purpose a community corrections officer approves (section 11(2)(a)(ia)). It can only be imposed on the application, or with the consent, of the Crown (section 11(3)), and the bail authority should first get a report from the Crown on whether it is appropriate (section 11(3a)). Police and authorised community corrections officers may enter the residence at any time to check compliance (section 11(7a)).
Home detention bail is often the condition that makes release possible. In Palmieri v The King [2024] SASC 153, the applicant faced remand until a trial not expected before 2027 and might have served longer on remand than under any likely non-parole period, and home detention bail was granted despite a risk of reoffending ([27], [31]). In Deer v The Queen [2021] SASC 71, the Chief Justice granted home detention bail with electronic monitoring to a man with a severe cognitive impairment, saying prisons should not be used as “dust bins” for people in his position ([14], [16]).
The address matters. A residence where the occupants are willing, a guarantor who will supervise, distance from any complainant and a plan for work or treatment are the details a court looks for.
What are guarantees and money conditions?
A guarantee is an agreement with the Crown by which the guarantor guarantees that the person on bail will comply with the bail agreement, and undertakes to forfeit a specified sum if they do not (section 7(1)). A guarantor must be at least 18 (section 7(6)) and can ask the bail authority to vary or revoke the guarantee for sufficient reason (section 7(4)).
If the person breaches the agreement, the court may order that a forfeiture stipulated in the bail agreement or a guarantee be carried into effect, and may later reduce the amount or rescind the order (section 19). The breach of bail guide covers how courts approach a guarantor’s forfeiture.
Can bail be varied or revoked?
Yes. For any sufficient reason, a bail authority can vary the conditions of a bail agreement or revoke it, on the application of the person on bail or the Crown or on its own initiative (section 6(4)). A variation application is the usual route for a change of address, work hours or a reporting day. The bail variation case study describes one such application.
Police may arrest a person on bail without a warrant if they reasonably believe the person intends to abscond or is breaching or has breached the agreement (section 18(2)). On that arrest the bail agreement is taken to be revoked (section 18(4)), and a new application must be made.
What happens if bail is refused?
A bail authority that refuses bail must record its reasons in writing (section 12(1)), and refusal does not stop a further application (section 12(2)). The faster route is usually a review:
- a decision of a police officer or justices can be reviewed by a magistrate (section 14(2)(b));
- any bail authority’s decision other than the Supreme Court’s can be reviewed by the Supreme Court (section 14(2)(a));
- a magistrate’s decision on review can be reviewed by the Supreme Court, with its permission (section 15A).
On a review the reviewing authority reconsiders the application and makes the decision it considers should have been made (section 14(3)). The applicant does not need to show an error (R v K [2017] SASC 6 at [4], [31]). The bail reviews guide covers the process, the telephone review in section 15 and the 72 hour stay the Crown can trigger under section 16.
How does bail work for children?
The Youth Court is a bail authority (section 5(1)(d)). A child refused bail by police must, if the child or a guardian asks, be brought before the Youth Court as soon as practicable to apply (section 13(2)), and a guardian can make a review application for the child (section 14(2)).
In Tas v The Queen [2020] SASC 172, a 15-year-old charged with robbery and arson offences was granted bail on review. The Court treated the objects of the youth justice legislation as relevant under section 10(1)(g) and said the presumption in favour of bail carries particular weight for children ([24] to [25]).
Since 16 February 2026, section 10A also treats a youth who is a recidivist young offender, taken into custody for a serious offence, as a prescribed applicant (section 10A(2)(i)). “Youth” means a child who was 14 or older on the day of the alleged offence (section 10A(2)).
Can you get bail after a guilty plea or pending an appeal?
Yes, in some cases. A person convicted but not yet sentenced, or sentenced but still able to appeal, is eligible to apply (section 4(1)(b) and (c)). Once a person has been convicted, the presumption in section 10(1) no longer applies and the bail authority has an unfettered discretion (section 10(2)). If a person serving a sentence of imprisonment is released on bail pending an appeal, the time on bail does not count towards the sentence (section 23).
What has changed recently?
- 16 February 2026. Section 10A was amended by the Statutes Amendment (Recidivist Young Offenders) Act 2025. The current section includes recidivist young offenders taken into custody for a serious offence among prescribed applicants (section 10A(2)(i)).
- 16 December 2024. Section 11(1) and (1a) were amended by the Bail (Terror Suspects and Firearm Parts) Amendment Act 2024. The automatic condition now covers firearm parts as well as firearms and ammunition.
- 1 October 2024. Section 11(2ae) and (2af) commenced, requiring home detention with electronic monitoring for an adult charged under section 31(2aa)(b) of the Intervention Orders (Prevention of Abuse) Act 2009 in respect of a recognised domestic violence order.
An amendment to the Act made by the Children and Young People (Safety and Support) Act 2025 had not commenced on 5 November 2026 and is not reflected on this page.
How similar applications tend to play out
Three illustrations of how the Act applies on ordinary facts. They are not predictions. The outcome depends on the charge, the record, the proposed conditions and the court.
Lower range. A 30-year-old with a minor record is arrested for theft and refused police bail late at night. Brought before the Magistrates Court the next morning under section 13(3), she applies with a stable address and her employer’s letter. The presumption in section 10(1) applies, and release on a residence condition and reporting is a realistic outcome.
Middle range. A man charged with aggravated assault on his partner is refused bail in the Magistrates Court because of the risk to her. On a Supreme Court review he offers an address 20 km away, his brother as guarantor and home detention bail, with no contact conditions. Section 10(4) makes her protection the primary consideration, but it does not reverse the onus, and strong conditions can meet the risk.
Upper range. A man charged with choking his former partner is a prescribed applicant under section 10A(2)(d)(i). Bail is refused unless he shows special circumstances. Evidence that the relationship has ended, that she has moved away, that the trial is more than a year off and that his time on remand may exceed any sentence can, together, be enough, as the decisions in the bail reviews guide show.
How we run a bail application
A bail application is won on preparation done in hours, not weeks. We find out why police opposed bail, build a release plan that answers each concern, and put it to the court with the evidence behind it.
| Stage | What happens | What we do |
|---|---|---|
| Arrest | Police decide whether to grant bail. A sergeant or the officer in charge can release the person. | Speak to the arrested person and to police, and press for police bail where it is realistic. |
| First appearance | The person is brought before the Magistrates Court by 4 pm on the next working day. | Prepare the address, guarantors and conditions overnight and make the application at the first appearance. |
| Contested hearing | The prosecution opposes bail, usually on section 10(1) risks or section 10A. | Answer each risk with evidence: address, work, treatment, guarantors, distance from any complainant. |
| Review | If refused, a review goes to a magistrate or the Supreme Court. | File the review with affidavits that put the full release plan before the court. |
| On bail | Conditions apply until the case ends. | Apply to vary conditions as life changes, and advise on what would count as a breach. |
We cannot promise that bail will be granted, and no lawyer can. We can make sure the court has a release plan that deals with every concern before it decides.
Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Bail case law in South Australia
These are the South Australian decisions this page relies on. The case notes state what each court decided.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| R v K [2017] SASC 6 | Supreme Court | Section 10(1) creates a presumption as to bail; release is the starting point; on review no error need be shown | [4], [31], [33] |
| R v H, IM [2006] SASC 94 | Supreme Court | "Likelihood (if any)" does not mean more likely than not | [14] to [15] |
| R v Dunstan [2010] SASC 12 | Supreme Court | Victim protection is the primary consideration but does not reverse the onus | [13] |
| R v Buhlmann [2010] SASC 123 | Supreme Court | Special circumstances: ordinary meaning, wide and flexible approach | [23] |
| R v Lombardi [2013] SASC 61 | Supreme Court | Whether the applicant falls outside the risk Parliament contemplated | [22], [24] to [25] |
| Butler v The Queen [2020] SASC 74 | Supreme Court | The section 10A presumption is against all bail, including home detention | [14] |
| Question of Law Reserved No 3 of 2023 [2024] SASCA 29 | Court of Appeal | Taken into custody on each apprehension; bail depends first on the charges | [56] |
| Palmieri v The King [2024] SASC 153 | Supreme Court | Home detention bail where remand might exceed any non-parole period | [27], [31] |
| Deer v The Queen [2021] SASC 71 | Supreme Court | Home detention bail for an applicant with severe cognitive impairment | [14], [16] |
| Tas v The Queen [2020] SASC 172 | Supreme Court | The presumption carries particular weight for children | [24] to [25] |
Case notes
R v K [2017] SASC 6
On a review under section 14, Hinton J said the court reconsiders the application and the applicant does not have to show that the first decision was wrong ([4], [31]). His Honour restated that section 10(1) creates a presumption as to bail and that release is the starting point ([33]). Bail was refused on the applicant’s record and history of non-compliance.
R v H, IM [2006] SASC 94
Bleby J held that “the likelihood (if any)” in section 10(1)(b) covers a range from a mere possibility to a high probability. The presumption can be displaced without a finding that the event is more likely than not, and the greater the likelihood, the more readily it is displaced ([14] to [15]). Bail was granted on conditions.
R v Dunstan [2010] SASC 12
Kourakis J held that section 10(4) makes a victim’s need for protection the primary consideration but does not reverse the onus, so bail must still be granted unless there is good reason not to ([13]). On the facts, bail was refused.
R v Buhlmann [2010] SASC 123
The applicant was a prescribed applicant because he was charged with breaching a bail condition imposed to protect a victim ([13] to [14]). Sulan J said “special circumstances” carry their ordinary meaning and import a wide and flexible approach, read with the presumption of innocence ([23]). He was released on bail.
R v Lombardi [2013] SASC 61
On a Director’s review in a serious firearm case, Kourakis CJ accepted that special circumstances cannot be exhaustively defined ([22]). The primary consideration is whether the applicant’s circumstances place them outside the risk the class of prescribed applicants is taken to pose ([24] to [25]). The bail granted below was set aside.
Butler v The Queen [2020] SASC 74
The applicant was charged with assaulting his former partner, including in breach of an intervention order. Kourakis CJ held that the section 10A presumption is against all bail, including home detention bail, while accepting that home detention together with other matters might amount to special circumstances ([14]). The review was dismissed.
Question of Law Reserved No 3 of 2023 [2024] SASCA 29
The Court of Appeal answered yes to both questions reserved: a person is taken into custody for section 10A on each occasion police apprehend them on suspicion of an offence, and the appellant was a prescribed applicant. The Court said the purpose is that the availability of bail depends first on the nature of the charges on which a person is in custody ([56]).
Palmieri v The King [2024] SASC 153
The applicant had the benefit of the presumption, but was alleged to have offended while on home detention bail. With no trial expected before 2027, Livesey ACJ found he might spend longer on remand than under any likely non-parole period, and granted home detention bail despite the risk of reoffending ([27], [31]).
Deer v The Queen [2021] SASC 71
A 27-year-old with a severe cognitive impairment from a childhood brain injury applied for review under section 14(2)(a). Kourakis CJ granted bail on curfew and home detention conditions with electronic monitoring, saying prisons should not be used as “dust bins” for people in his position ([14], [16]).
Tas v The Queen [2020] SASC 172
A 15-year-old charged with robbery and arson offences was granted bail on review on strict home detention conditions. Livesey J had regard to the objects of the youth justice legislation through section 10(1)(g) and said the presumption in favour of bail carries particular weight in the case of children ([24] to [25]).
Frequently asked questions
How long can police hold someone before bail is decided?
A person arrested and not released by police must be brought before the Magistrates Court, or the Youth Court for a child, as soon as reasonably practicable and no later than 4 pm on the next working day (section 13(3) of the Bail Act 1985). The court must then give them a reasonable opportunity to apply for bail.
Is there a presumption in favour of bail in South Australia?
Yes, for a person charged but not convicted. Section 10(1) says the bail authority should release the applicant unless the listed matters lead it to consider otherwise, and the Supreme Court calls this a presumption in favour of bail. Section 10A reverses it for prescribed applicants.
What is a prescribed applicant?
A person taken into custody for an offence listed in section 10A(2), such as choking in a domestic setting, contravening an intervention order with violence or threats, a serious firearm offence or threatening a witness. Bail is refused unless the applicant establishes special circumstances.
What counts as special circumstances?
Section 10A does not define them. Courts give the words their ordinary meaning and ask whether the applicant’s circumstances place them outside the risk Parliament had in mind. Delay before trial, a relationship that has ended, a complainant who has moved away and time already served have been relied on in successful applications.
What is home detention bail?
A bail condition requiring the person to live at a specified address and stay there, leaving only for paid work, medical or dental treatment, a serious risk of death or injury, or a purpose a community corrections officer approves (section 11(2)(a)(ia)). It needs the Crown’s application or consent.
Do you have to pay money to get bail in South Australia?
Not usually. A financial condition can only be imposed if non-financial conditions cannot secure compliance (section 11(5)). A court may require an agreement to forfeit a sum, security, or a guarantee from another person (section 11(2)(b) to (f)).
Can a family member be a guarantor?
Yes, if they are 18 or older and acceptable to the bail authority (section 7). A guarantor promises that the person will comply and agrees to forfeit a set sum if they do not. If there is a breach, the court can order the sum forfeited (section 19).
What conditions are automatic?
Every grant of bail prohibits possessing a firearm, ammunition or a firearm part and requires submitting to gunshot residue testing as reasonably required (section 11(1)). Every bail agreement also requires permission before leaving the State (section 11(6)).
Can bail conditions be changed?
Yes. A bail authority may vary the conditions for any sufficient reason, on the application of the person on bail or the Crown (section 6(4)). Common reasons are a new address, new work hours or a change in reporting.
What happens if bail is refused?
The bail authority must record its reasons (section 12(1)) and a further application can be made (section 12(2)). A review can go to a magistrate for a police or justices decision, or to the Supreme Court for any other bail authority’s decision (section 14).
Can a victim stop someone getting bail?
Not by objecting alone. The bail authority must give primary consideration to the victim’s need, real or perceived, for physical protection (section 10(4)), but the Supreme Court has held this does not reverse the onus. The Crown can make submissions about conditions on the victim’s behalf (section 11(2a)).
Can a child get bail?
Yes. The Youth Court is a bail authority, and a child refused police bail can ask to be brought before it as soon as practicable (section 13(2)). The Supreme Court has said the presumption in favour of bail carries particular weight for children.
Does time on bail count towards a sentence?
No. Time on bail is not custody. If a person serving a sentence of imprisonment is released on bail pending an appeal, that period does not count as part of the sentence (section 23).
Do I need a lawyer for a bail application?
You can apply yourself, but bail turns on the release plan put to the court, and a refused application usually means a review on affidavit evidence. We can often appear at the first court appearance the morning after an arrest. Call (08) 7094 2021.
South Australian courts we attend for bail applications
We make bail applications in the Adelaide Magistrates Court, the suburban and regional Magistrates Courts listed below, and the Supreme Court.
Courts we attend
Book a same-day free 30-minute consultation or call (08) 7094 2021.