South Australian Consolidated Acts

BAIL ACT 1985 - SECT 13

13—Procedure on arrest

        (1)         Where a member of the police force arrests a person who is, upon arrest, eligible to apply for release on bail, the member of the police force—

            (a)         must, as soon as reasonably practicable after delivering the arrested person to a police station after making the arrest, take reasonable steps to ensure that the arrested person and, where the arrested person is a child, any guardian who is present, understands that the arrested person is entitled to apply for release on bail under this Act; and

            (b)         must ensure that the arrested person and, where the arrested person is a child, any guardian who is present, receives—

                  (i)         a written statement, in the prescribed form, explaining how, and to what authorities, an application for release on bail may be made under this Act; and

                  (ii)         the appropriate form for making an application for release on bail.

        (2)         An eligible person who is a child and has applied unsuccessfully to a member of the police force for release on bail must, if the child or a guardian so requests, be brought as soon as practicable before the Youth Court of South Australia for the purpose of making an application for release on bail.

        (3)         An eligible person who has been arrested on a charge of an offence must, if not released beforehand, be brought before the appropriate authority on the charge in relation to which he or she was arrested as soon as reasonably practicable on the next working day following the day of arrest but in any event not later than 4 p.m. on that day.

        (4)         The appropriate authority before whom a person is brought under subsection (3) must inquire whether that person desires to apply for release on bail and, if the person to whom the inquiry is directed answers affirmatively, the authority must afford the person a reasonable opportunity to apply for release on bail.

        (5)         In this section—

"appropriate authority" means—

            (a)         in relation to a child—the Youth Court of South Australia ;

            (b)         in any other case—the Magistrates Court.