South Australian Consolidated Acts South Australian Consolidated Acts10—Discretion exercisable by bail authority
(1) Where an
application for bail is made to a bail authority by an eligible person who has
been charged with, but not convicted of, an offence in respect of which he or
she has been taken into custody, the bail authority should, subject to this
Act, release the applicant on bail unless, having regard to—
(a) the
gravity of the offence in respect of which the applicant has been taken into
custody;
(b) the
likelihood (if any) that the applicant would, if released—
(i)
abscond;
(ii)
offend again;
(iii)
interfere with evidence, intimidate or suborn witnesses,
or hinder police inquiries;
(d) any
need that the applicant may have for physical protection;
(e) any
medical or other care that the applicant may require;
(f) any
previous occasions on which the applicant may have contravened or failed to
comply with a term or condition of a bail agreement;
(g) any
other relevant matter,
the bail authority considers that the applicant should not be released on
bail.
(2) Where the
applicant has been convicted of the offence in respect of which he or she has
been taken into custody, the bail authority has, subject to this Act, an
unfettered discretion as to whether the applicant should be released on bail.
(3) Where the
applicant is a person who is appearing or is to appear before a court as a
witness in proceedings (other than proceedings relating to an offence for
which that person has been charged or convicted), the bail authority should,
subject to this Act, release the applicant on bail unless there is a
likelihood that the applicant would, if released, abscond.
(4) Despite the other
provisions of this section, where there is a victim of the offence, the
bail authority must, in determining whether the applicant should be released
on bail, give primary consideration to the need that the victim may have, or
perceive, for physical protection from the applicant.