South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, a bail authority may impose one or more of the conditions referred to
in subsection (2).
(2) The conditions
that may be imposed in relation to the grant of bail are as follows:
(a) that
the applicant agree—
(i)
to reside at a specified address; or
(ia) to
reside at a specified address and to remain at that place of residence while
on bail, not leaving it except for one of the following purposes:
(A) remunerated employment; or
(B) necessary medical or dental treatment
for the applicant; or
(C) averting or minimising a serious risk
of death or injury (whether to the applicant or some other person); or
(D) any other purpose approved by a
community corrections officer; or
(ii)
where there is a victim of the offence in respect of
which the applicant has been charged—to comply with such conditions
relating to the physical protection of the victim that the authority considers
should apply to the applicant while on bail; or
(iii)
to be under the supervision of a
community corrections officer and to obey the lawful directions of the
officer; or
(iv)
to report to the police at a specified place and at
specified times; or
(v)
to surrender any passport that the applicant may possess;
or
(vi)
to comply with any other condition as to the applicant's
conduct that the authority considers should apply while on bail;
(b) that
the applicant provide the bail authority with written assurances from a
stipulated number of persons, who are acceptable to the bail authority, that
they are acquainted with the applicant and are confident that the applicant
will comply with the terms and conditions of a bail agreement;
(c) that
the applicant agree to forfeit to the Crown a sum of money (to be stipulated
in the bail agreement) if the applicant fails, without proper excuse, to
comply with a term or condition of the bail agreement;
(d) that
the applicant provide security of a specified amount or value to secure
payment of a monetary forfeiture agreed to under paragraph (c);
(e) that
the applicant obtain specified guarantees, or guarantees of a specified
nature;
(f) that
a guarantor provide security of a specified amount or value to secure payment
of a stipulated monetary forfeiture.
(2a) In deciding on
the conditions to be imposed in relation to a grant of bail, a bail authority
should give special consideration to any submissions made by the Crown on
behalf of a victim of the alleged offence.
(3) A bail authority
should not impose a condition under subsection (2)(a)(ia) or (iii) except
on the application, or with the consent, of the Crown.
(3a) A bail authority
should not impose a condition under subsection (2)(a)(ia) without first
obtaining a report (whether oral or in writing) from the Crown on the
appropriateness of such a condition being imposed in the applicant's case.
(4) A condition (other
than a condition as to the conduct of the applicant while on bail) must not be
imposed under this section unless the condition is, in the opinion of the
bail authority, reasonably necessary to ensure that the applicant complies
with the bail agreement.
(5) A
financial condition must not be imposed under this section unless the
bail authority is of the opinion that the object of ensuring that the
applicant complies with the bail agreement cannot be properly secured by a
non-financial condition or combination of non-financial conditions.
(6) It is a condition
of every bail agreement that the person released in pursuance of the agreement
will not leave the State for any reason—
(a) if
the person is under the supervision of a community corrections
officer—without the permission of the Chief Executive (or his or her
nominee) of the administrative unit of which the community corrections officer
is an officer or employee;
(c) in
any other case—without the permission of—
(i)
a judge or magistrate; or
(ii)
a member of the police force of or above the rank of
sergeant or in charge of a police station.
(7) A condition
imposed under this section must be stipulated in the bail agreement.
(7a) Where it is a
condition of a bail agreement that the person released in pursuance of the
agreement will remain at a particular place of residence, a member of the
police force or a community corrections officer authorised by the Minister for
the purpose may enter the residence at any time for the purpose of
ascertaining whether or not the person is complying with the condition.
(7b) A person must not
hinder a person referred to in subsection (7a) in the exercise of powers
under that subsection.
Maximum penalty: $2 500.
(8) Where it is a
condition of a bail agreement that the person released in pursuance of this
agreement will be under the supervision of a community corrections officer and
obey the lawful directions of that officer, the officer to whom the person is
assigned for supervision may give reasonable directions—
(a)
requiring that person to report to the officer on a regular basis; or
(b)
requiring that person to notify the officer of any change in the person's
place of residence, or in the person's employment; or
(c) on
any other matter stipulated by the bail authority.
(9) Where—
(a) a
bail authority imposes a condition under this section; but
(b) the
applicant remains in custody because the condition is not fulfilled,
the applicant must (if he or she is not sooner released) be brought back
before a bail authority for a review of the condition as soon as reasonably
practicable and, in any event, within five working days after the condition is
imposed.
(10) A bail authority
may, on a review of a condition under subsection (9)—
(a)
confirm the condition;
(b) vary
the condition;
(c)
revoke the condition;
(d)
impose any other condition under this section that the bail authority thinks
fit.
(11) Where a
bail authority imposes a condition requiring a person—
(a) to
remain at a particular place of residence while on bail; or
(b) to
be under the supervision of a community corrections officer,
the bail authority must ensure that a copy of the bail agreement is furnished
to the relevant responsible Minister.
(12) A condition of
bail may relate to a place or circumstances outside the State.